Rabi Hazra v. State Of West Bengal And ANR

24.07.2023 Sl. No.18 akd [Rejected] C. R. M. (DB) 2355 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.06.2023 in connection with English Bazar Women Police Station Case No.79 of 2019 dated 24.09.2019 under Section 6 of the POCSO Act.

And In Re: Rabi Hazra ... ... Petitioner Mr. Arup Kumar Bhowmick ... ... for the petitioner Mr. Prasun Kumar Dutta .. ld. Addl. Public Prosecutor Mr. P. K. Ganguly ... ... for the State Pursuant to our earlier direction, Investigating Officer is personally present before this court. His presence is noted and dispensed with.

Report is placed on record. From the report it appears victim was examined in 2020. Her deposition shows that she was minor at the time of occurrence and had been forcibly raped. Her obscene pictures were also uploaded and circulated on social media by the petitioner. It is also placed on record that the petitioner had absconded and therefore, there was delay in trial.

In view of the nature of offence on a minor girl, we are not inclined to grant bail to the petitioner on merits. The application for bail is thus rejected.

Trial court is directed to conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate a copy of this order to the trial court for due compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)