Rakibul Kandakar v. State Of West Bengal

18.08.2022 cm/ct 28 C.R.M. (DB) No. 2765 of 2022 sl. no.18 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Amta P.S Case No. 29 of 2022 dated 06.02.2022 under Sections 376(3) of the Indian Penal Code, and Section 6 of Protection of Children from Sexual Offences Act.. Rejected And In Re : Rakibul Kandakar.

..... petitioner Mr. Sourav Chatterjee Mr. Anindya Ghosh ...... for the petitioner Mr. Tanmay Kr. Ghosh Mr. Arindam Sen ...... for the State Petitioner is in custody for 192 days. He submits there is delay in the progress of trial before the court below. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the statement of the minor victim recorded under Section 164 Cr.P.C. Minor victim has implicated the petitioner in the alleged offence. Keeping in mind the aforesaid circumstances and gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. Trial Court is directed to conclude the trial at an early date bearing in mind the statutory mandate under Section 35 of the POCSO Act.

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