Rakibul Kandakar v. State Of West Bengal And ANR

10.02.2023 Sl. No.43 akd [Rejected] C. R. M. (DB) 566 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.02.2023 in connection with Amta Police Station Case No.29 of 2022 dated 06.02.2022 under Section 376(3) of the Indian Penal Code and Section 6 of the POCSO Act. And In Re: Rakibul Kandakar ... ... Petitioner Mr. Anindya Ghosh Mr. Pronojit Roy ... ... for the petitioner Mr. Shiladitya Banerjee ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Statement of the minor implicates the petitioner in the offence. His bail prayer was rejected earlier. Victim has not been examined as yet. Hence, we are not inclined to grant bail to the petitioner at this stage. The application for bail is thus rejected.

Trial court is directed to consider the issue of framing of charge and in the event, charge is framed to examine the minor at the earliest.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)