Raju Sarkar v. State Of West Bengal

20.06.2022 sdas rejected C.R.M. (DB) 1872 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Teherpur Police Station Case No. 03 of 2020 dated 03.01.2020 under Sections 376AB/506(2) of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re : Raju Sarkar ..... petitioner Mr. Saryati Datta ... for the petitioner Ms. Faria Hossain Ms. Mamata Jana ... for the State Let affidavit-of-service filed in Court be placed on record. Statements of the witnesses particularly the minor victim prima facie implicate the petitioner in the offence of penetrative sexual offence.

In view of gravity of the offence and prima facie involvement of the petitioner therein, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected. In view of protracted period of detention suffered by the petitioner i.e. 900 days, we direct the trial court to examine the victim at the earliest and conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting any unnecessary adjournment to either of the parties.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)