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Calcutta High CourtCRM(DB)/712/2023rejected

Md.Kamrul Siddique@Md.Kamruddin v. The State Of West Bengal And ANR

2023-12-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray1 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 15.12.2023. C.R.M. (DB) 712 of 2023 14/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar P.S case no.109 of 2023 dated 16.2.2023 under section 6 of the POCSO Act.

In the matter of : Md. Kamrul Siddique @ Md. Kamruddin ... Petitioner Mr. J K Bhowmik Mr. S Bhowmik ...for the Petitioner Mr. Aditi Shankar Chakraborty, ld APP Mr. S S Sikder ...for the State.

1. Petitioner contends he is a septuagenarian. He has been falsely implicated. He is in custody for 302 days. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record. Victim is a five year old child. Petitioner had subjected her to penetrative sexual assault. In view of the gravity of offence and prima facie involvement of the petitioner therein and as his bail prayer had been rejected earlier on merits, we are not inclined to grant bail to the petitioner at this stage.

4. Accordingly, prayer for bail is rejected.

(Apurba Sinha Ray,J.) (Joymalya Bagchi, J.)