The Calcutta High Court dismissed the petitioner's bail application under Section 439 CrPC in a POCSO case. The court held that despite the filing of the chargesheet, the gravity of the offence, prima facie incriminating material, and recent rejection compelled denial of bail.
Bail application C.R.M. 833 of 2021 dismissed.
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07. 23.08.2021 Ct.32 Tanmoy Rejected
In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side
(Through Video Conference)
C.R.M. 833 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. 87 of 2021 dated 23/02/2021 under Section 4 of the POCSO Act. (POCSO Case No. 17 of 2021 ). Chargesheet No.78 of 2021 dated 26/03/2021.
And
In the matter of: - Dipak Roy
…petitioner.
Mr. Anirban Banerjee
…for the petitioner.
Mr. Aditi Shankar Chakraborty, Ld. A.P.P., Mr. Tapan Bhattacharya
…for the State (through V.C.).
The petitioner has been charged under Section 4 of the Protection of Children from Sexual Offences Act, 2012. The age of the victim girl at the time of the alleged incident was 16 years. She has recorded her statement under Section 164 of the Code of Criminal Procedure.
Considering the facts and circumstances of the case, a co-ordinate Bench of this Court rejected the petitioner’s prayer for bail by an order dated June 15, 2021 passed in C.R.M. 619 of 2021.
The petitioner says that since the last rejection, chargesheet has been filed. Hence, he should be granted bail.
2
We have also considered the statements recorded under Section 164 of the Code of Criminal Procedure including the victim girl’s statement. Although, charge-sheet has been filed, in view of the gravity of the offence and the prima facie incriminating material against the petitioner as also in view of recent rejection of the petitioner’s prayer for bail, after which there has been no significant change in circumstances, the petitioner’s prayer for bail is rejected at this stage.
Accordingly, the application for bail being C.R.M. 833 of 2021 is dismissed .
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 CrPC despite the gravity of the POCSO offence and recent rejection.
Whether filing of the chargesheet alters the circumstances to warrant bail in a POCSO case.
3 provisions across 2 enactments
Dipak Roy
State
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
