Single-judge bail application rejected. The petitioner faced charges for rape and abduction involving a minor. The bench held that due to the gravity of the offence, the case was not fit for bail.
Prayer for bail is rejected.
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18.12.2020 tkm sl no. 78
C.R.M. 10585 of 2020
(via video conference)
In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Mongalkote PS case no. 213 of 2020 dated 4.9.2020 under sections 363/365 and added section 376(3) of the IPC and section 4 of the POCSO Act
And
In Re : Totan @ Toton Pradhan …… petitioner Mr. Sabir Ahmed Mr. S Banerjee …… for the petitioner Ms. Z N Khan Ms. Sreeparna Das …… for the State
Statement of the victim girl discloses penetrative sexual assault by the petitioner.
In view of the gravity of the offence, we are of the opinion this is not a fit case to grant bail to the petitioner.
Accordingly, prayer for bail is rejected.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail can be granted in a case involving penetrative sexual assault under the POCSO Act and IPC.
Whether the gravity of the offence makes this an unfit case for bail.
3 provisions across 3 enactments
Totan @ Toton Pradhan
The State of West Bengal
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
