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Calcutta High CourtCRM/7209/2020rejected

Miraj Gazi v. State Of West Bengal

2020-09-25Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

25.09.2020 Ct. No. 12 Sl. No. 18 KM/rpan Bail Rejected CRM 7209 of 2020 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Baruipur P.S. Case No.1017 of 2020 dated 17.05.2020 under Section 376D of the Indian Penal Code read with Sections 6/17of the POCSO Act;

And In Re : Miraj Gazi ......Petitioner Mr. Moyukh Mukherjee, Mr. Abhijit Singh ....For the Petitioner Mr. Imran Ali, Ms. Manasi Roy ...For the State It is submitted on behalf of the petitioner that he is not the principal offender. He is in custody for 130 days. Learned lawyer for the State submits that the petitioner was one of the conspirators to the crime. We have considered the materials on record. The allegation is grave where a minor girl was subjected to gang rape. The petitioner played an important role as a conspirator in the crime.

In view of the prima facie involvement of the petitioner in the alleged crime, we are of the opinion that this is not a fit case to grant bail to the petitioner.

The application for bail, being CRM No. 7209 of 2020, is accordingly rejected.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)