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Calcutta High CourtCRM/3668/2021rejected

Abhijit Sadhukhan @ Gongra v. State Of West Bengal

2021-11-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Aniruddha Roy1 pages

08.11.2021 saswata/pk ct 28 C.R.M. 3668 of 2021 sl no. 75 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 09.03.2021 in connection with Bhimpur P.S. case no. 272 of 2020 dated 01.11.2020 under sections 376AB/448/354 of the IPC and Section 10 of the POCSO Act, And In Re : Abhijit Sadhukhan @ Gongra ........ petitioner Mr. Snehansu Majumder ...... for the petitioner Mr. Imran Ali Mr. Manashi Roy ...... for the State Petitioner renews his prayer for bail. He is in custody for about a year.

Learned lawyer for the State opposes the prayer for bail and submits that the victim is a minor girl.

We have considered the statements of the witnesses, particularly that of the victim girl, recorded under Section 164 of the Cr.P.C.

In view of the gravity of offence and as the evidence of the victim minor girl has not yet been recorded, we are not inclined to grant bail to the petitioner.

The Trial Court is directed to proceed with the trial of the case with utmost expedition and conclude the same at an early date preferably within 6 months from the next date fixed for evidence, keeping in mind the statutory mandate under 35(2) of the POCSO Act.

(Aniruddha Roy, J.) (Joymalya Bagchi, J.)