Majnu Sk And ANR v. State Of West Bengal

17.04.2021 Ct-28 ar C.R.M. 1800 of 2021 Rejected In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 576 of 2020 dated 02.11.2020 under Sections 376D(b)/354 of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act.

And In the matter of: Majnu Sk. & Anr.

...Petitioners

Mr. Prabir Majumder ... For the Petitioners Mr. Aniket Mitra ... For the State Considering the materials available in the case diary particularly the statement made by the mother of the victim child recorded under Section 161 of the Code of Criminal Procedure the petitioners were directly implicated in this case.

Learned advocate for the State opposes the prayer for bail.

Considering the nature of the case and the complicity of the petitioners in the alleged offence, we are not inclined to release the petitioners on bail. However, the petitioners may renew the prayer for bail after the evidence of the mother is recorded.

The learned Judge, Special Court under POCSO Act, Nadia is directed to expedite the trial, keeping in mind the provision under Section 35 of the POCSO Act.

Accordingly, the prayer for bail is rejected. CRM 1800 of 2021 is thus dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)