SingleJudge Bench dismissed a bail application filed under Section 439 Cr.P.C relating to an alleged offence under the POCSO Act. Observing that the victim's deposition had not commenced, the Court held the case unfit for bail.
Bail application disposed of; bail refused.
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IN THE HIGH COURT AT CALCUTTA
04-12-2020
Item no.05 Bail rejected Crt.11 k.b/b.r.
Criminal Miscellaneous Jurisdiction
C.R.M 9874 of 2020 Jamsed Sk. @ Ali
-vs-
The State of West Bengal
(Via video conference)
In Re : An application for bail under Section 439 Cr.P.C in connection with Gazole P.S. Case No. 236 of 2020 dated 07.06.2020. POCSO Case No. 60/20 for alleged offence punishable under Section 6 of POCSO Act, 2012.
Mr. Kazi M. Rahman …for the petitioner.
Mr. Prasun Kumar Datta Mr. Nirupam Dhali … for the State.
The advocate-on-record for the petitioner undertakes to affirm
and properly 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 advocate for the petitioner submits that the petitioner is in custody for about 180 days and although charge-sheet has been submitted but till date nothing has progressed in the case.
Learned Advocate appearing for the State produces the Case Diary and draws the attention of this Court to the statement of the victim under Section 164 of the Code of Criminal Procedure along with the other materials.
We have perused the materials in the Case Diary and the statement of the victim under Section 164 of the Code of Criminal
2
Procedure and having regard to the stage of the case and more particularly, the statement of the victim as also the fact that the deposition of the victim is yet to commence, we are of the opinion that this is not a fit case for releasing the petitioner on bail.
With the aforesaid observation, the application for bail, being CRM No. 9874 of 2020 is disposed of.
All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.
[Tirthankar Ghosh, J.] [Subrata Talukdar, J.]
1 issue framed by the court
Whether the petitioner is eligible for bail in a POCSO case where 180 days have passed without significant case progression.
1 provisions across 1 enactments
Jamsed Sk. @ Ali
The State of West Bengal
Tirthankar Ghosh
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
