The Court rejected a bail application filed under Section 439 CrPC in connection with a statutory rape case under Section 376(3) IPC and Section 6 POCSO Act. After hearing counsel and examining the case diary, the Court denied bail.
Bail prayer of the petitioner is rejected and the application dismissed.
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23.11.2021 Court No.29 SL No.674 AP
CRM 7554 of 2021 (Through Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nandigram P.S. Case No. 398 of 2021 dated 17.07.2021 under Section 376(3) of the Indian Penal Code and under Section 6 of the POCSO Act.
And
In the matter of: Sk. Alfa
Mr. Shibaji Kumar Das Ms. Rupsa Sreemani Ms. Sukanya Bhattacharya Mr. Md. Kutub Uddin
….Petitioner. … for the Petitioner.
…for the State.
Having heard the learned advocate appearing for the petitioner and the State and having considered the materials in the case diary including the statements recorded under Section 164 of the Code of Criminal Procedure of the victim and considering the injury report of the victim and the statement of the eyewitnesses recorded under Section 161 of the Code of Criminal Procedure, we are unable to grant bail to the petitioner.
Accordingly, prayer for bail of the petitioners is rejected and the application being CRM 7554 of 2021 is dismissed.
(Bibhas Ranjan De, J.)
(Debangsu Basak, J.)
2 issues framed by the court
Whether bail can be granted to the accused in a case under Section 376(3) IPC and Section 6 POCSO Act.
Whether the materials on record justify the grant of bail to the petitioner.
3 provisions across 3 enactments
Sk. Alfa
The State
Bibhas Ranjan De
Debangsu Basak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
