Suraj Oroan @ Bikash Oroan v. The State Of West Bengal

AD-35 Ct No.01 Jalpaiguri 02.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (DB) 20 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.01.2023 in connection with Malbazar Police Station Case No. 661 of 2021 dated 07.11.2021 under Sections 6/17 of the POCSO Act.

And In the matter of: Suraj Oroan @ Bikash Oroan .... Petitioner Mr. Kumar Shantanu ... for the petitioner Mr. Arun Kumar Sarkar, Mr. Dhiman Sil ... for the State Learned counsel for the petitioner submits that the petitioner was not directly involved in the offence under Section 6 of the POCSO Act even as per the allegations made. Merely because the petitioner's name was uttered by one of the co-accused persons, the petitioner was arrested. Moreover, it is submitted that the other co-accused persons have already been released on bail.

Learned counsel for the State, however, submits that the statements under Sections 161, 164 and the medical report all corroborate the offence.

The statement under Section categorically names the present petitioner as one of the perpetrators. Although the petitioner is already in custody for 1 year 3 months, keeping in view that the petitioner's name was specifically uttered and the other co-accused persons were given the benefit of

doubt since their name was not mentioned by the victim, we do not find any reason to enlarge the petitioner on bail at this present juncture in view of direct prima facie involvement of the petitioner in the offence.

Accordingly, CRM (DB) 20 of 2023 is dismissed. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)