This court rejected an application for bail filed by Ajay Bhumij. The High Court held that due to the gravity of the offences and the victim's statement implicating him in penetrative sexual assault, bail could not be granted.
Application for bail rejected; petitioner impounded.
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.
10.08.2023 5 sdas rejected
C.R.M.(DB) No. 2475 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dadpur Police Station Case No. 111 of 2022 dated 23.05.2022 under Sections 363/365/366/376(2)(n)/120B of the Indian Penal Code read with Section 9 of Prohibition of Child Marriage Act and Section 9 of the POCSO Act.
And
In Re : Ajay Bhumij …. petitioner
Mr. Palash Bapari ….for the petitioner
Ms. Zareen N. Khan
Mr. Arup Sarkar …… for the State
Heard the learned Counsel for the parties.
We have considered the materials on record. Victim girl
has been examined. She has implicated the petitioner in the offence of penetrative sexual assault. In view of gravity of the offence, we are not inclined to grant bail to the petitioner.
The application for bail is, thus, rejected.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether bail should be granted to a petitioner involved in penetrative sexual assault and child marriage offences.
Whether the gravity of the offence precludes the grant of bail.
Whether the victim statement warrants rejection of the bail application.
4 provisions across 4 enactments
Ajay Bhumij
State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
