Application for bail under Section 439 CrPC in a POCSO case against an 18-year-old male accused was dismissed due to the grave nature of the offence and corroboration of evidence.
Bail application dismissed; custody order upheld.
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14.09.2021 Item no. 06 Court No.32. S.De.
In the High Court at Calcutta Circuit Bench at Jalpaiguri
(Via Video Conference)
CRM No. 486 of 2021
In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 08.04.2021 in connection with Ghosksadanga Police Station Case No. 230 of 2020 dated 25.09.2020 under Section 6 of the Protection of Children from Sexual Offences Act, 2012.
And
In the matter of : Sujit Mandal @ Madan Mandal.
……Petitioner.
Mr. Hillol Saha Podder, Advocate,
……for the Petitioner.
Mr. Abhijit Sarkar, Advocate, Mr. Tapan Bhattacharjee, Advocate,
……for the State.
The charge against the petitioner is under Section 6 of the POCSO Act. The petitioner, about eighteen years old, says that he and the victim girl are neighbours. He has been falsely implicated in this matter. He is in custody for about 300 days. Charge-sheet has been submitted.
We have seen the statement of the victim girl, about six years old, recorded under Section 164 of the Code of Criminal Procedure. She implicates the petitioner. We have
2
seen Medical Report which corroborates the victim girl’s Statement.
Considering the nature and gravity of the alleged offence and the degree of possible complicity of the petitioner therein, we are not inclined to entertain the petitioner’s prayer for bail.
Accordingly, CRM 486 of 2021 is dismissed.
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 bail is admissible under Section 439 CrPC in a case involving a minor victim under the POCSO Act.
Colour shows how this judgement treated each authority
Section 164 of the Code of Criminal ProcedureReferred¶14
2 provisions across 2 enactments
Sujit Mandal @ Madan Mandal
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
