In In Re: An application for bail, a two-judge bench adjourned and dismissed the bail plea, noting prima facie involvement in trafficking for sexual exploitation and the need to examine a vulnerable witness before granting bail.
Bail granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
14.12.2020 7 b.das
CRM 1176 of 2020
(Via Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hemnagar Coastal P.S. Case No.16 of 2016 dated 09.04.2016 under Sections 365/366/370/417/376 of the Indian Penal Code.
And
In the matter of: Hamid Sk. @ Hamid Ali
….Petitioner.
Mr. Kallol Kr. Basu Md. J. U. Firdous
…for the Petitioner.
Mr. Rana Mukherjee Mr. S. Chatterjee
…for the State.
Learned lawyer for the State opposes the prayer for bail.
We have considered the materials on record. There is prima facie involvement of the petitioner in trafficking the victim girl for sexual exploitation. In view of the gravity of the offence and since examination of the vulnerable witness is awaited, we are not inclined to grant bail to the petitioner at this stage.
( Suvra Ghosh, J. ) ( Joymalya Bagchi, J. )
2 issues framed by the court
Whether bail should be granted to the petitioner accused of trafficking and sexual exploitation of a minor.
Whether the prima facie evidence and gravity of the offence preclude the grant of bail.
2 provisions across 2 enactments
Hamid Sk. @ Hamid Ali
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
