Morselim Sardar v. The State Of West Bengal And ANR.

20.12.2023 Sl. No.94 akd [Rejected] C. R. M. (DB) 4610 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.12.2023 in connection with Kultali Police Station Case No.520 of dated 17.08.2023 under Sections 363/365/368/376 of the Indian Penal Code and Section 6 of the POCSO Act and subsequently charge sheet submitted under Sections 344/363/365/368/376(2)(n)/376(2)(f)/120B of the Indian Penal Code and Sections 6/17 of the POCSO Act.

And In Re: Morselim Sardar ... ... Petitioner Mr. Pawan Kumar Gupta Mr. Kalyan Chatterjee Ms. Sofia Nesar Mr. Santanu Sett ... ... for the petitioner Ms. Anasuya Sinha Mr. Subham Kanti Bhakat ... ... for the State

1. It is submitted on behalf of the petitioner that he has been falsely implicated. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record including the statement of the minor. She states petitioner whom she used to call as 'dadu' i.e. grandfather had violated her. In view of aforesaid materials on record and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)