This judgment rejects a bail application under Section 439 CrPC. The court held that despite a co-accused being granted bail the same day, the victim's statement and age warranted rejection. No change in circumstances was found.
Prayer for bail is rejected and the application is dismissed.
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07.04.2022 110 (AD) Court No.29 (Rejected)
C.R.M. (DB) 97 of 2022
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sagar P.S. Case No .186 of 2020 dated 11.12.2020 under Sections 363/365/34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. Charge Sheet no.44/2021 dated 10.03.2021 under Sections 363/365/34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
And
In the matter of: Subrata Jana
….petitioner. Mr. Gobinda Chandra Baidya …for the petitioner. Mr. Swapan Banerjee Ms. Purnima Ghosh … for the State. Petitioner renews the prayer for bail.
Learned Advocate appearing for the petitioner submits that the coordinate Bench granted bail to another co-accused on the day when the bail of the petitioner was rejected by this Court.
Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.
In her statement, the victim squarely implicates the petitioner.
The age of the victim also need to be taken into consideration.
The petitioner cannot be said to be standing on the same footing as that of the other co-accuseds who were enlarged on bail.
In such circumstances, we do not find any ground to
2
enlarge the petitioner on bail. Moreover, there is hardly any change in circumstances subsequent to the earlier order of rejection. Consequently, we are unable to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected.
C.R.M. (DB) 97 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
3 issues framed by the court
Whether bail should be granted or rejected under Section 439 CrPC given victim implicate and age considerations.
Whether coordinate bench's grant of bail to co-accused constitutes a ground for bail in this matter.
Whether any change of circumstances subsequently materialized to warrant bail.
3 provisions across 3 enactments
Subrata Jana
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
