The High Court rejected a bail application filed by two petitioners accused under Sections 354/376 IPC and POCSO. Citing the prima facie involvement in the grave offence of penetrative sexual assault on a minor victim and its gravity, the Court refused to grant bail.
Bail application rejected; petitioners denied bail.
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03 03.09.2020 rkd Ct. No.16
C.R.M. 2845 of 2020 (CRAN 1 of 2020 (old CRAN 4791 of 2020) (Through Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Watgunge P.S. Case No. 195 of 2019 dated 18/11/2019 under Sections 354/376 of the Indian Penal Code and under Sections 4/6/8 of the POCSO Act.
And
In the matter of: - Md. Sadre Alam & Anr. ….petitioners. Ms. P. Banerjee …for the petitioners. Ms. F. Hossain, Ms. A. Gaur
…for the State.
Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
Accordingly, the application being CRAN 4791 of 2020 is disposed of.
Having considered the materials on record and bearing in mind the prima facie involvement of the petitioners in subjecting the deaf and dumb minor girl to penetrative sexual assault as appearing from the statement of the victim girl duly recorded through an interpreter and in view of the gravity of the offence, we are not inclined to grant bail to the petitioners.
The application for bail is, thus, rejected.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether bail should be granted to the petitioners accused of subjecting a deaf and dumb minor girl to penetrative sexual assault.
3 provisions across 3 enactments
Md. Sadre Alam & Anr.
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
