Ajan Ali Molla v. State Of West Bengal

10.09.2020 SL No.12 Ar/pk CRM 6392 of 2020 With CRAN/1/2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sandeshkhali Police Station Case No. 83 of 2019 dated 28.04.2019 under Section 376(2)(I) of the Indian Penal Code and read with Section 6 of the POCSO Act.

And In the matter of: Ajan Ali Molla ....Petitioner.

Mr. Kallol Kumar Basu Ms. Debapriya Samanta ...for the Petitioner.

Mr. N. Ahmed Ms. Manashi Roy ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Accordingly, the application being CRAN 01 of 2020 is disposed of.

The learned advocate for the petitioner submits that the petitioner is in custody for about 500 days and considering the period of detention further custody is unwanted in connection with the case.

The learned advocate for the State opposes the prayer and draws the attention of this Court to the statement of the victim under Section 164 Cr.P.C.

We have perused the materials on record including the statement, medical report and the statement of the victim and on perusal of the same we are of the opinion that this is not a fit case to release the petitioner on bail.

Accordingly, the prayer of the petitioner is rejected. C. R. M. 6392 of 2020 is disposed of.

(Samapti Chatterjee, J.) (Tirthankar Ghosh, J.)