The Court dismissed a second bail application in a POCSO case. It held that subsequent to the commencement of trial, the non-declaration of the complainant as hostile is not a ground to assail the prosecution and the application cannot be entertained.
The application for bail was not entertained at this stage and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
02.11.2021 Item no. 10 Ct. 8 AB /PG
C.R.M. 6847 of 2021
In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Women P.S. Case No. 57 of 2019 dated 22.04.20219 under Section 6 of the POCSO Act (POCSO Case No. 16 of 2019).
And
In the Matter of : Jiban Barman……..petitioner
Mr. Suman De Mr. Kazi M. Rahaman……….for the petitioner
Mr. Prasun Kr. Dutta, Ld. A.P.P.
Mr. Santanu Deb Roy ……….for the State
The charges against the petitioner are under section 6 of the POCSO Act.
The application for bail for second time is filed by the petitioner on the ground that the de facto complainant has deposed before the Court that the proceedings are mala fide and have been instituted as a result of a family dispute.
This Court has carefully considered the medical report as well as the evidence on record. The trial has commenced. Merely because a witness has not been declared hostile even if it is a de facto complainant, the same cannot be a ground to assail the entire trial and prosecution itself. This Court has carefully seen the medical report and the other evidence produced by the State.
2
For the reasons stated above, this Court is of the view that the application for bail cannot be entertained at this stage and the same is accordingly dismissed.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all necessary legal formalities.
( Rajasekhar Mantha, J. )
(Kesang Doma Bhutia, J.)
2 issues framed by the court
Whether an application for bail can be entertained when the trial has commenced and the complainant was not declared hostile.
Whether allegation of mala fide proceedings based on family dispute is a ground to grant bail in a POCSO case.
2 provisions across 2 enactments
Jiban Barman
State
Rajasekhar Mantha
Kesang Doma Bhutia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
