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Calcutta High CourtCRM (DB)/4840/2023rejected

Rakesh Baskey v. State Of West Bengal And ANR

2024-01-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

18.01.2024.

30.

Ct.No.28 as (Rejected) C.R.M. (DB) 4840 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat P.S. Case No.591 of 2023 dated 26.07.2023 under Section 506 of the Indian Penal Code read with Section 4 of the POCSO Act.

In the matter of : Rakesh Baskey.

... Petitioner.

Mr. Kaushik Choudhury.

...for the Petitioner.

Mr. Debabrata Chatterjee, Mr. Subham Bhakat.

...for the State.

Ms. Trina Mitra.

...for the Victim girl.

1.

Petitioner contends he has been falsely implicated in the case. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer.

3.

Learned Advocate for the victim contends victim had been subjected to penetrative sexual assault and her parents have been threatened.

4.

We have considered the materials on record.

Statement of the victim implicates the petitioner in the offence of penetrative sexual assault. Vulnerable witnesses are yet to be examined.

5.

Under such circumstances, 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.)