The petitioner, charged with offences under IPC and POCSO alleging false implication, applied for bail. The court, considering the gravity of the offence and victim's statement under Section 164 CrPC, denied bail.
The prayer for bail of the petitioner was rejected and the application dismissed.
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C.R.M. (DB) 390 of 2022
11.02.2022
Sl. 21 Court No.29 sourav (Rejected)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.02.2022 in connection with Dholahat P.S. Case No. 224 of 2021 dated 02.07.2019 under Sections 363/365/370/370A/376 of the Indian Penal Code, and read with Section 6 of the Protection of Children from the Sexual Offences Act and read with Section 9/10 of the Prohibition of Child Marriage Act and 75 of Juvenile Justice Care and Protection Act, 2015.
And
In the matter of: Rohichuddin Halder @ Kalo ….petitioner. Mr. Partha Sarathi Mondal …for the Petitioner. Mr. Swapan Banerjee Mr. Suman De …for the State.
Petitioner seeks bail.
Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The victim is now a major. The victim was married to somebody else.
Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code of the victim.
Considering the gravity of the offence and the involvement of the petitioner as transpiring from the materials available in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code of the victim, we are unable to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 390 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
1 issue framed by the court
Whether bail should be granted to the accused in a case involving offences under Sections 363, 365, 370, 370A, and 376 IPC read with Section 6 POCSO?
6 provisions across 6 enactments
Rohichuddin Halder @ Kalo
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
