Khayrul Gayen v. State Of West Bengal

09.12.2021 tkm/ct 28 C.R.M. 5623 of 2021 sl no. 80 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Jibantala case no. 276/2018 dated 25.6.2018 under section 376D of the IPC and section 6 of the POCSO Act And In Re : Khayrul Gayen ........ petitioner Mr. Sk S Ali ...... for the petitioner Ms. Sutapa Banerjee Mr. Imran Ali ...... for the State Having considered materials on record including the statement of the victim girl disclosing prima facie involvement of the petitioner in subjecting the minor to gang rape we are of the opinion that in view of the gravity of the offence this is not a fit case to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. Trial court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournments to either of the parties.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)