The Court dismissed an application for bail filed by an accused charged under the POCSO Act and IPC regarding child sexual offences, noting the gravity of the offence and prima facie evidence against him.
The bail application along with the connected interim application was dismissed. The accused is to remain in custody.
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02.09.2021 Item no.6. Court No.32. AB
(Rejected)
In the High Court at Calcutta Circuit Bench at Jalpaiguri (Via Video Conference)
CRM No.430 of 2021 With I A CRAN 1 of 2021
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Maynaguri Police Station Case No.535 of 2020 dated 12.12.2020 under Sections 376AB 511 of the Indian Penal Code read with Sections 6/18 of the POCSO Act
And
In the matter of : Tariful Haque @ Rubel
……Petitioner.
Ms. Jeenia Rudra ……for the Petitioner.
Mr. Kallol Acharjee, Mr. Tapan Bhattacharya……for the State.
The petitioner has been charged under Sections 6/18 of the Protection of Children from Sexual Offences Act, 2012 read with Sections 376AB/511 of the Indian Penal Code.
The petitioner says that there is a dispute between the family of the victim girl and the petitioner’s family, which has prompted lodging of this false complaint. He is not involved in the alleged offence at all.
We have seen the statement of the victim girl aged about 11 years, recorded under Section 164 of the Code of Criminal Procedure. She vividly describes the deprave acts, the
2
petitioner allegedly indulged in. The medical report prima facie supports the statement of the victim girl. Charge sheet has been submitted.
In view of the nature and gravity of the alleged offence and the prima facie material against the petitioner, although charge sheet may have been submitted, we are not inclined to enlarge the petitioner on bail, at this stage.
C.R.M. No.430 of 2021 is, accordingly, dismissed along
with I. A. CRAN 1 of 2021.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Bivas Pattanayak, J.)
(Arijit Banerjee, J.)
1 issue framed by the court
Whether an accused charged with offences under the POCSO Act and IPC Section 376AB be granted bail at this stage given the prima facie material.
3 provisions across 3 enactments
Tariful Haque @ Rubel
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
