Krishnapada Sarkar@Krishna Mistry v. State Of West Bengal

22.09.2022.

20.

Ct.No.28 as (Rejected) C.R.M. (DB) 3215 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdaha P.S. Case No.234 of 2019 dated 19.05.2019 under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act. In the matter of : Krishnapada Sarkar @ Krishna Mistry. ... Petitioner.

Mrs. Minoti Gomes.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, Mr. Arindam Sen.

...for the State.

Petitioner is in custody for three years and four months. He prays for bail.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor girl who is 11 years old. She implicates the petitioner in the offence of penetrative sexual assault. Keeping in mind the aforesaid circumstances and the 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 requested to expedite the trial and conclude the same at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)