Bappaditya Chatterjee v. State of West Bengal
Case brief
What is this about?
This was a bail application in a case involving penetrative sexual assault on a minor. The Court rejected the application, citing the gravity of the offence and the considerable progress of the trial. The Court directed the trial court to conclude the trial within three months.
What did the court decide?
Prayer for bail rejected. Trial directed to be concluded within three months.
What the court decided
05.04.2023. 34. Ct.No.28 as (Rejected)
C.R.M. (DB) 1050 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Patuli P. S. Case No.193 of 2019 dated 19.10.2019 under Sections 376AB/506 of the Indian Penal Code and Section 6 of the POCSO Act.
In the matter of : Bappaditya Chatterjee.
… Petitioner. Mr. Deepak Prahladka, Ms. Reshmi Khatun. …for the Petitioner. Mrs. Anasuya Sinha, Mr. Pinak Kr. Mitra. ...for the State.
Petitioner is in custody for more than three years and five months. He submits there is delay in trial. He prays for bail. Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Trial has considerably progressed. Allegations involved penetrative sexual assault of a minor.
In view of the aforesaid materials and gravity of offence, we are not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected.
We request the trial court to positively conclude the trial within three months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner accused of penetrative sexual assault of a minor considering trial delay.
Whether there are sufficient grounds to delay the conclusion of the trial already considerably progressed.
Parties & counsel
- petitioner
Bappaditya Chatterjee
- respondent
The State
Coram
Ajay Kumar Gupta
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · April
- Registered
- Case no.
- CRM (DB)/1050/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court