Prabhat Pal@Bulu@Provat Pal v. State Of West Bengal

CRM 4506 of 2021 (Via Video Conference) 22.09.2021 Court No.28 Item No.44 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Goghat Police Station Case No. 32 of 2021 dated 13.02.2021 under Section 376(AB) of the Indian Penal Code read with Section 6 of the POCSO Act; And Saswata In the matter of : Prabhat Pal @ Bulu @ Provat Pal

...Petitioner.

Mr. Niladri Sekhar Ghosh Mr. Triptimoy Talukder ...For the Petitioner Mr. Saibal Bapuli, Ld. APP Mr. Bibaswan Bhattacharya ... For the State The petitioners have filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Goghat Police Station Case No. 32 of 2021 under Section 376(AB) of the Indian Penal Code read with Section 6 of the POCSO Act. We have heard the learned Advocate for the petitioner and the defence Counsel.

On perusal of the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, we find that she, in her very minor age, have experienced horrified incident which will remain a permanent scar in her mind.

Considering the nature and gravity of offence, we are not inclined to release the petitioner on bail.

The prayer for bail is, thus, considered and rejected. The application for bail being CRM 4506 of 2021 is accordingly dismissed.

(Harish Tandon, J) (Bibek Chaudhuri,J.)