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Calcutta High CourtCRM/7384/2020rejected

Tohar Sk. @ Tohar Ali Sk. @Tohar Golam v. State Of West Bengal

2020-10-01Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Subhasis Dasgupta2 pages

01. 10 . 2020 CRM 7384 of 2020 With CRAN 1 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Suti Police Station Case No. 201 of 2016 dated 27.03.2016 under Sections 302/376D/ 120B/201 of the Indian Penal Code, read with Section 6 of POCSO Act.

BP/BR Sl.18 In the matter of : Tohar Sk. @ Tohar Ali Sk. @ Tohar Golam...petitioner Mr. Sambuddha Mondal ..for the petitioner.

Mr. Saswata Gopal Mukherjee Ms. Faria Hossain Mr. Aniket Mitra ..for the State.

Mr. Mondal, learned advocate for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that other co-accused persons have already been granted bail.

Mr. Aniket Mitra, learned advocate for the State opposes the prayer for bail. Mr. Mitra further submits that three persons including the petitioner were found

together with the victim/deceased. He also draws the attention to the post mortem report. It is further contended by Mr. Mitra that the petitioner was absconding since 2016 and the petitioner surrendered in the year 2019.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the case diary, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. The application for bail being C.R.M. 7384 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Subhasis Dasgupta, J.)