Sukumar Mahara v. State of West Bengal and Anr.
Case brief
What is this about?
In the matter of an application for bail filed under Section 439 CrPC, the Court considered the victim's statement and the gravity of the Section 10 POCSO offence. The application for bail was rejected at this stage.
What did the court decide?
Bail application was rejected.
What the court decided
16.01.2023 Sl. No.28 akd [Rejected]
C. R. M. (DB) 45 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.01.2023 in connection with Kaliachak Police Station Case No. 854 of 2022 dated 06.08.2022 under Section 341 of the Indian Penal Code and Section 10 of the POCSO Act.
And
In Re: Sukumar Mahara
… … Petitioner
Mr. Mazahar Hossain Chowdhury
… … for the petitioner
Mr. Abhra Mukherjee Mr. Dipankar Mahata
… … for the State
Affidavit-of-service filed in court today be kept with the record.
Report is placed on record. From the report it appears Investigating Officer has intimated the victim.
Issues for consideration
2 issues framed by the court
Whether bail can be granted to the accused given the gravity of the offence and incriminating materials.
Whether the child victim's statement implicates the petitioner as the accused.
Parties & counsel
- petitioner
Sukumar Mahara
Coram
Ajay Kumar Gupta
Joymalya Bagchi
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · January
- Registered
- Case no.
- CRM (DB)/45/2023
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