Bipul Biswas @ Bipul Chandra Biswas v. State of West Bengal and Anr.
Case brief
What is this about?
C. R. M. (DB) 322 of 2024; bail application under Section 439 CrPC by Bipul Biswas @ Bipul Chandra Biswas; Barasat Police Station Case No.510 of 2020 dated 10.10.2020; Sections 376DA and 376(2)(f)(3)/109 IPC; Sections 6 and 6/17 POCSO Act; penetrative sexual assault on minor; vulnerable witness examination in progress; trial pending; earlier bail rejected on merits; bail application rejected on 02.02.2024; petitioner's counsel Angshuman Chakraborty and Shashanka Shekhar Saha; State counsel Sudip Ghosh and Ratna Ghosh; Bench: Ajay Kumar Gupta, J. and Joymalya Bagchi, J.
What did the court decide?
In view of the nature of the offence (penetrative sexual assault on a minor) and because examination of the vulnerable witness (the victim) is not complete, the Court was not inclined to grant bail to the petitioner at this stage, noting also that his earlier bail prayer had been rejected on merits.