High Court at Calcutta Circuit Bench at Jalpaiguri rejected a bail application filed by two petitioners accused of offences under Sections 6 and 17 of the POCSO Act, citing the gravity of the offence.
Bail prayer rejected; C.R.M. (DB) 72 of 2022 dismissed.
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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
30.03.2022
Sl. JCB4 Court No.29 sourav (Rejected)
C.R.M. (DB) 72 of 2022
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.03.2022 in connection with Sitai Police Station Case No. 18 of 2022 dated 02.02.2022 under Sections 6/17 of the POCSO Act.
And
In the matter of: Bidhan Chandra Roy & Anr. ….petitioners. Mr. Anindya Ghosh, Mr. Pronojit Roy, …for the petitioners. Mr. Ujjwal Luksom, Mr. Tapan Bhattacharyya,
…for the State.
Petitioners seek bail.
Learned advocate appearing for the petitioners submits that the petitioners are in custody for 56 days. The police filed chargesheet and, therefore, further detention of the petitioners are not required.
State is represented.
The proceedings involve 6 and 17 of the Protection of Children from Sexual Offences Act. The petitioners stand implicated in such proceedings.
Considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant bail to the petitioners.
Accordingly, the prayer for bail of the petitioners is rejected. C.R.M. (DB) 72 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
2 issues framed by the court
Whether bail should be granted under Section 439 CrPC in a POCSO case?
Whether further detention is required after filing of the chargesheet?
2 provisions across 2 enactments
Bidhan Chandra Roy & Anr.
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
