Balaram Sarkar v. State Of West Bengal

14.12.2020 ss Rejected C.R.M. 2389 of 2020 In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Domkal P.S. Case No. 887 of 2017 dated 14.10.2017 under sections 363/365/34/376 of the Indian Penal Code read with section 4 of the Protection of Children from Sexual Offences Act. And In the matter of : Balaram Sarkar Mr. Tapodip Gupta ... ... for the petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ... ... for the State Petitioner renews his prayer for bail. He is in custody over three years.

Learned lawyer for the State opposes the prayer for bail. We have considered the statement of the victim recorded under section 164 Cr.P.C. Such statement prima facie involves the petitioner in raping a minor who was trafficked for sexual exploitation.

In view of the gravity of the offence and as vulnerable witness has not been examined as yet, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

Trial Court is directed to expedite the trial and examine the vulnerable witness at the earliest and conclude the proceeding without delay.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)