Sujan Dey @ Sujan Chandra Dey v. State Of West Bengal And ANR

22.12.2022 Sl. No.26 akd [Rejected] C. R. M. (DB) 4511 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.12.2022 in connection with Habra Police Station Case No.631 of dated 29.06.2022 under Sections 376(2)(1)(n)/506/376AB of the Indian Penal Code, Section 14 of the Foreigners Act and Section 6 of the POCSO Act. And In Re: Sujan Dey @ Sujan Chandra Dey ... ... Petitioner Mr. Apalak Basu Mr. Nazir Ahmed Mr. Sujon Das Ms. Sanghamitra Mridha ... ... for the petitioner Mr. Parthapratim Das ... ... for the de-facto complainant Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Ms. Zareen N. Khan Ms. Jonaki Saha ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 170 days. Investigation is complete. Learned Advocate appearing for the State opposes the prayer for bail.

Learned Advocate appearing for the de-facto complainant also opposes the prayer for bail and submits that the minor was suffering from Down syndrome. Taking advantage of the situation, she was repeatedly violated.

We have considered the materials on record. Victim is a minor suffering from Down syndrome. She was repeatedly violated. In view of the gravity of the offence on a vulnerable minor victim, we are not inclined to grant bail to the petitioner at this stage. The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)