Ramprasad Roy v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 30.08.2022 cm/ct 28 C.R.M. (DB) No. 297 of 2022 sl. no. 7 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bhaktinagar P.S Case No. 506 of 2022 dated 16.05.2022 under Section 6 of POCSO Act. Rejected And In Re : Ramprasad Roy ..... petitioner Mr. Kumar Shantanu ...... for the petitioner Mr. Aditishankar Chakraborty, Ld. A.P.P.

Mr. Biswarup Roy ...... for the State Petitioner is in custody for 101 days. It is submitted that he has been falsely implicated in the instant case due to property dispute. He prays for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including statement of the victim. She is a 13 year old girl. Her statement shows she was subjected to penetrative sexual assault on different dates. Injury report does not rule out a case of forcible sexual intercourse.

Keeping in mind the aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)