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Calcutta High CourtCRM(DB)/248/2024rejected

Mintu Roy v. The State Of West Bengal And ANR

2024-05-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

21.05.2024 sdas rejected

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M.(DB) No. 248 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Coochbehar Sadar Women Police Station Case No. 183 of 2023 dated 26.12.2023 under Sections 376/506/323 of the Indian Penal Code read with Section 4/17 of the POCSO Act.

And In Re : Mintu Roy .... petitioner Mr. Subhasish Misra ....for the petitioner Mr. Kallol Acharjee Mr. Dhiman Sil ...... for the State 1.

Heard the learned Counsels for the parties.

2.

We have considered the materials on record.

Statement of the minor implicates the petitioner in the offence of penetrative sexual assault. Absence of injury per se is not a ground to improbabilise the allegation.

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

3. Application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)