The High Court rejected the bail application filed by Jharu Ghosh regarding offences under Section 354 IPC and POCSO Act, declining to grant bail due to the nature of allegations and victim statements.
Application for bail under Section 439 CrPC is rejected at this stage.
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04.12.2020 DL2 ct.19 sb
CRM 9498 of 2020 (Through Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No.336 of 2020 dated 07.09.2020 under Sections 354 the Indian Penal Code & sections 08/12 of Protection of Children from Sexual Offences Act.
And
In the matter of: Jharu Ghosh Mr. Prabir Majumder Mr. S. G. Mukherji, Ld. PP Mr. Parthapratim Das, Ms. Manasi Roy
….Petitioner.
…for the Petitioner.
…for the State.
The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
Learned counsel appearing on behalf of the petitioner submits as follows. The First Information Report was lodged after about fifteen days from the date of occurrence. There is a prior land dispute between the petitioner and the victim’s uncle. Charge sheet has already been submitted.
Learned counsel appearing on behalf of the State opposes the prayer for bail. He refers to the two statements, one of the 12 years old victim girl and the other of the 9 years old brother of the victim.
Considering the nature of the allegations and the statements of the victim and her brother recorded under section 164 of the Code, I am not inclined to grant bail to the petitioner at this stage.
Accordingly, the application for bail, being CRM 9498 of 2020 is rejected at this stage.
(Jay Sengupta, J.)
1 issue framed by the court
Whether bail should be granted to the petitioner at this stage considering the nature of allegations and victim statements.
3 provisions across 3 enactments
Jharu Ghosh
State
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
