The Division Bench rejected the bail application of the petitioner accused of penetrative sexual assault under Sec. 376DA IPC and Sec. 6 POCSO Act, citing the nature of the victim (specially challenged girl) and her deposition as a ground not to grant bail.
Bail application for the petitioner Masum @ Masum Sk. is rejected.
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18.12.2023. 61. Ct.No.28 as (Rejected)
C.R.M. (DB) 3587 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Mothabari P. S. Case No.147 of 2023 dated 23.05.2023 under Section 376DA of the Indian Penal Code and Section 6 of the POCSO Act. In the matter of : Masum @ Masum Sk. … Petitioner. Mr. Sekhar Kumar Basu, ld. Sr. Adv., Mr. Soubhik Mitter, Mr. Sayan Das. ...for the Petitioner. Ms. Faria Hossain, Mr. Anand Keshari. …for the State.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving penetrative sexual assault under Section 376DA IPC and Section 6 POCSO Act.
3 provisions across 3 enactments
Masum @ Masum Sk.
The State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
