Akhatar Molla @ Babu v. State Of West Bengal

29.03.2023 ct 28/tkm C.R.M. (DB) 1216 of 2023 sl no.56 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nowda P.S case no. 60 of 2022 dated 19.3.2022 under sections 448/354A(2)/376/511 IPC and sections 8/18 of the POCSO Act And In Re : Akhatar Molla @ Babu ........ petitioner Mr. Arnab Chatterjee Mr. A Rahman Mr. D Biswas Ms. P Bose ...... for the petitioner Mr. Prasun Datta Mr. Pradipto Ganguly ...... for the State Mr. Somnath Adhikary ...... for the de facto complainant Heard learned lawyers for the parties.

We have considered he materials on record. Statement of the minor implicates the petitioner in the offence of penetrative sexual assault. Petitioner is the uncle of the minor. She has not been examined as yet.

Under such circumstances, we are not inclined to grant bail to the petitioner.

Hence, application for bail is rejected.

Trial court is directed to consider the issue of framing of charge at the earliest and immediately thereafter examine the minor without unnecessary delay.

Parties shall communicate the order to the trial court for necessary compliance.

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