The Court dismissed an application for bail under Section 439 CrPC in a POSCO case. The bench held that since the trial was in progress with the victim as the first witness and no prosecution witnesses examined, it was not expedient to grant bail at this crucial juncture.
Prayer for bail rejected and application CRM (DB) 310 of 2022 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.
15.02.2022 33 Ct. No. 29 KAUSHIK REJECTED
C.R.M. (DB) 310 of 2022
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Golabari Police Station Case No . 310 of 2020 dated 23.10.2020 under Sections 341/323/506/354 of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act.
And
In Re : Kanchan Sonkar ...… petitioner
Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder .…for the petitioner Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen .…for the State
Report as called for by the order dated February 7, 2022 filed in Court be taken on record.
Learned advocate appearing for the petitioner submits that, liberty was granted to the petitioner to renew the prayer for bail in CRM 4811 of 2021. He submits that, the trial is yet to be concluded. He refers to the witness of the victim girl.
Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary.
The trial commenced with the prosecution adducing their first witness, who is the victim.
Considering the fact that the trial is in progress and all prosecution witnesses are yet to be examined, we do not find it expedient to enlarge the petitioner on bail at this crucial juncture of trial.
2
Consequently, we are unable to grant bail to the petitioner.
Accordingly, prayer for bail of the petitioner is rejected and the application being CRM (DB) 310 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether the petitioner should be granted bail at a stage where the trial is still in progress and prosecution witnesses are yet to be examined.
2 provisions across 2 enactments
Kanchan Sonkar
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
