Narugopal Bhuniya v. State Of West Bengal

12.08.2022 Sl. No.24 akd [Rejected] C. R. M. (DB) 2721 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.08.2022 in connection with Gobardhanpur Coastal Police Station Case No. 07 of 2019 dated 01.02.2019 under Sections 376(2)(i)/376(2)(f) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

And In Re: Narugopal Bhuniya ... ... Petitioner Mr. Kallol Kumar Basu Mr. Anindya Sundar Das Ms. Avipsa Sarkar Md. Jannat-ul-Firdous Ms. Titli Majumder ... ... for the petitioner Mr. Binay Panda Mrs. Puspita Saha ... ... for the State Heard the learned advocate appearing for both the parties. We have considered the materials on record including statement of the victim girl prima facie disclosing involvement of the petitioner i.e. her stepfather in subjecting her to penetrative sexual assault. In view of the aforesaid incriminating materials and gravity of the offence, we are not inclined in granting bail to the petitioner at this stage.

The application for bail is thus rejected.

However, bearing in mind the protracted period of detention suffered by the petitioner i.e. more than three years, we direct the trial court to take all necessary steps to conclude the trial at an early date preferably within six months from the next date fixed for recording evidence without undue delay. Needless to mention victim shall be examined at the earliest.

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