FOREJ LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application being C.R.M 6550 of 2020 has been preferred in connection with Mandarmoni Coastal Police Station Case No.28 of 2019 dated 19.07.2019 under sections 366A/368/370/370A/120B/34 of the Indian Penal Code read with sections 3/4/5/6/7/9 of the Immoral Traffic Prevention Act and sections 17/21 of the Protection of Children from Sexual Offence Act.

(2.) Records reveal that in course of hearing of the application on 21st September, 2020, this Court directed service of show-cause notice upon five co-accused persons, namely, Sarif-ul Mulla, Aloka Giri, Manab Kundu, Sambhu Kundu and Manash Chanda (hereinafter referred to as the said co-accused persons), who were granted bail by the learned court below by an order dated 1st November, 2019. Pursuant to such direction, affidavits were filed by the said co-accused persons.

(3.) Mr. Chakrabarty, learned advocate appearing for the petitioner, namely, Forej Laskar alias Raju submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner. About seven days after the alleged incident, the petitioner was arrested from a place which is about 50 kms away from the place of occurrence of the alleged incident. His name has transpired on the basis of the statements of witnesses recorded under Section 161 of the Code, which is inadmissible in evidence. Surprisingly, one FIR named accused, Raj @ Raz @ Rahid Raj has been discharged. Upon completion of investigation, charge sheet has also been filed but the petitioner is still languishing in custody for more than 18 months.