← Library
Calcutta High CourtCRM (DB)/4828/2023rejected

Rajesh Sk @ Samim Akhter v. State Of West Bengal And ANR

2024-01-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.01.2024.

24.

Ct.No.28 as (Rejected) C.R.M. (DB) 4828 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Islampur P.S. Case No.219 of 2023 dated 03.06.2023 under Sections 363/365/376 of the Indian Penal Code read with Section 4 of the POCSO Act and charge sheet submitted under Sections 363/365/376(3) of the Indian Penal Code read with Section 6 of the POCSO Act.

In the matter of : Rajesh Sk @ Samim Akhter.

... Petitioner.

Mr. Golam Nure Imrohi.

...for the Petitioner.

Mr. Sudip Ghosh, Ms. Sayanti Santra.

...for the State.

Mr. P. K. Kundu.

...for the de-facto complainant.

1.

Petitioner submits there was a romantic relationship between the parties. Accordingly, he prays for bail.

2.

Learned Advocate for State opposes the bail prayer. 3.

Learned Advocate for de-facto complainant also opposes the bail prayer.

4.

We have considered the materials on record.

Victim is a minor girl. Her statement shows she had been forcibly ravished. She is yet to be examined in Court. 5.

In view of the nature of offence and the stage of the proceeding, we are not inclined to grant bail to the petitioner at this stage.

6.

Accordingly, the prayer for bail of petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)