Jaharlal Dey v. State Of West Bengal And ANR

16.04.2024 sdas rejected C.R.M.(DB) No. 1145 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Harwood Point Coastal Police Station Case No. 189 of 2023 dated 29.05.2023 under Sections 447/376AB of the Indian Penal Code and Section 6(1) of the POCSO Act.

And In Re : Jaharlal Dey .... petitioner Mr. Gobinda Chandra Baidya ....for the petitioner Mr. Sandip Chakraborty Ms. Atulya Sinha ... for the State 1.

Learned Counsel for the petitioner submits he is an elderly person. He is in custody for 315 days. He prays for bail. 2.

Learned Counsel for the State opposes the bail prayer.

3.

We have considered the evidence of the minor child. She alleges penetrative sexual assault by the petitioner. Offences if proved would attract a minimum sentence of twenty years imprisonment. Accordingly, we are not inclined to grant bail to the petitioner at this stage.

4. Application for bail is, thus, rejected. 5.

Trial court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 19 th of April 2024 12:00:22 PM