Amit Oraon v. State Of West Bengal

09.01.2020 Court No.28 SL No.166 AP CRM 12362 of 2019 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.12.2019 in connection with Mateli P.S. Case No. 35 of 2019 dated 09.03.2019 under Section 376 AB of the Indian Penal Code and Section 6 of the POCSO Act.

And In the matter of: Amit Oraon ....Petitioner.

Mr. Hillol Saha Podder ...for the Petitioner.

Mr. Bidyut Kr. Roy, Ms. Rita Datta ...for the State.

It is submitted on behalf of the petitioner that he is in custody for over 300 days and he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail and submits that the victim is a minor girl who was forcibly raped and she is presently pregnant.

Having considered the materials on record disclosing prima facie involvement of the petitioner in the alleged penetrative sexual assault on the minor girl as appearing from her statement under Section 164 of the Code of Criminal Procedure, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)