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Calcutta High CourtCRM (DB)/4862/2023rejected

Badal Thakur @ Sujit Thakur v. State Of West Bengal And ANR

2024-01-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

05.01.2024.

35.

Ct.No.28 as (Rejected) C.R.M. (DB) 4862 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanditala P.S. Case No.488 of 2023 dated 18.06.2023 under Section 376(2)(n)(3) of the Indian Penal Code and under Section 6(1) of the POCSO Act.

In the matter of : Badal Thakur @ Sujit Thakur. ... Petitioner.

Mr. Gautam Banerjee, Mr. Debasis Sur, Mr. Himadri Sh. Paul.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Mr. Kaushik Kundu.

...for the State.

Mr. Kusal Kr. Mukherjee, Mr. Rabindra Nath Thakur.

...for the de-facto complainant.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record.

Victim is a minor girl. She was subjected to repeated penetrative sexual assault. She became pregnant. Her deposition is yet to be recorded.

3.

Under such circumstances, we are not inclined to grant bail to petitioner.

4.

Accordingly, the prayer for bail of petitioner is rejected.

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