Hasrat Ali v. State of West Bengal and Anr.
Case brief
What is this about?
In an application for bail under CrPC Section 439 regarding allegations of rape and administering a stupefying substance to a minor under the POCSO Act, the single bench held that the grave nature of the offence and the credibility of the minor victim's evidence precluded the grant of bail at this stage, rejecting the petitioners prayer.
What did the court decide?
Prayer for bail of the petitioner is rejected.
What the court decided
11.08.2023. 12. Ct.No.28 as (Rejected)
C.R.M. (DB) 2986 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Rishra P. S. Case No.58 of 2023 dated 23.04.2023 under Sections 363/365 of the Indian Penal Code and Sections 4/8 of the POCSO Act.
In the matter of : Hasrat Ali.
… Petitioner. Mr. Brajesh Jha, Ms. Megha Datta. …for the Petitioner. Mr. S. S. Imam, Jr. Govt. Adv., Mr. R. Jana. ...for the State.
- Learned Advocate for the petitioner submits there was a
love affair between the parties. He prays for bail.
- Learned Advocate for the State opposes the bail prayer. He submits petitioner had administered stupefying substance in the drink of the victim and raped her.
- We have considered the materials on record. Evidence of
the minor victim implicates the petitioner in the crime.
- In view of the nature of offence, we are not inclined to grant bail to the petitioner at this stage.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the petitioner accused of administering stupefying substance and raping a minor.
Whether the nature of the offence under POCSO warrants refusal of bail at this stage.
Whether the petitioner, accused of rape of a minor after administering alcohol, is eligible for bail.
Parties & counsel
- petitioner
Hasrat Ali
- respondent
State
Coram
Gaurang Kanth
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · August
- Registered
- Case no.
- CRM (DB)/2986/2023
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