The court rejected a bail application under Section 439 CrPC regarding rape and POCSO charges. Bail was denied due to the victim's statement being corroborated by two persons and the petitioner being found at the crime scene.
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27.02.2023 40 Ct. No. 29 CHC REJECTED
C.R.M.(DB) 594 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pathar Pratima Police Station Case No. 294 of 2022 dated 07.10.2022 under Sections 376(2)(n)/506 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) subsequently charge sheet has been submitted under Section 376(2)(n)/506 of the Indian Penal Code and Section 6(1) of the Protection of Children from Sexual Offences Act, 2012.
And
In Re : Soumen Ranjit ...… petitioner
Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh, Ms. Riya Das .…for the petitioner Mr. Saibal Bapuli, Ld. A.P.P. Mr. Arijit Ganguly, Mr. Bibaswan Bhattacharya .…for the State
Police filed chargesheet.
The petitioner is in custody for 144 days.
Statement of the victim apparently stands corroborated
by two persons.
Petitioner was found at the time of incident at the place of occurrence.
In such circumstances, we are unable to grant bail to the petitioner.
The application for bail is rejected and C.R.M.(DB) 594 of 2023 is dismissed.
(Debangsu Basak, J.)
2
(Md. Shabbar Rashidi, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner accused of rape and POCSO.
Whether the corroboration of the victim's statement and presence at the scene preclude bail.
3 provisions across 3 enactments
Soumen Ranjit
State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
