This court rejected a bail application filed by the uncle of a minor girl accused of penetrative sexual assault under the POCSO Act and IPC. The court noted DNA evidence supporting the prosecution case and found the incriminating materials sufficient to deny bail.
Application for bail under Section 439 CrPC rejected.
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20.09.2023 22 sdas rejected
C.R.M.(DB) No. 3471 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Panchla Police Station Case No. 22 of 2023 dated 25.01.2023 under Sections 376(2)(f)(n)/313/120B of the Indian Penal Code and under Section 6 of the POCSO Act.
And
In Re : Biswajit Hazra @ Chattu @ Chotu …. petitioner
Mr. Soumya Nag Mr. Rajiv Ghosh Mr. D. Ganguli ….for the petitioner Mr. Rudradipta Nandy, learned APP Mrs. Sonali Das …… for the State
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to an accused charged with penetrative sexual assault on a minor resulting in pregnancy.
Whether incriminating material on record justifies the rejection of a bail application under Section 439 CrPC.
3 provisions across 3 enactments
Biswajit Hazra
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
