Rana Roy @ Sujay Roy v. State Of West Bengal And ANR

31.03.2023 ct 28/tkm/as C.R.M. (DB) 664 of 2023 sl no.27 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tehatta P.S, case no. 18 of 2021 dated 11.1.2021 under sections 376(3) IPC and section 4 of the POCSO Act And In Re : Rana Roy @ Sujay Roy ........ petitioner Mr. A K Biswas Mr. A Singh Mr. J Agarwal ...... for the petitioner Mr. M Sur Mr. A Manna ...... for the State Mr. Sabir Ahmed Mr. Kunal Ganguly ...... for the de facto complainant Report is kept on record.

Special Public Prosecutor has been appointed. Statement of minor implicates the petitioner in the offence of penetrative sexual assault. In such offences, absence of injury on the minor is not the sole determining factor with regard to credibility of the allegation. This issue requires to be agitated during trial keeping in mind the statutory presumption under section 29 of the POCSO Act.

Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected.

Trial court is requested to consider the issue of framing of charge at the earliest and in the event charge is framed, to take the proceeding to its logical conclusion following the mandate under section 35(2) of the POCSO Act.

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