Basudev Hazra v. State Of West Bengal

05.12.2022.

29.

Ct.No.28 as (Rejected) C.R.M. (DB) 4193 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with J. B. Pur P.S. Case No.94 of dated 13.06.2021 under Sections 376(AB)/376(2f) of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Basudev Hazra.

... Petitioner.

Mr. Suman De, Mr. Ranjit Singh.

...for the Petitioner.

Mr. Madhusudan Sur, Mr. Manoranjan Mahata.

...for the State.

Heard the learned Advocates for the parties.

Report is placed on record.

We have considered the materials on record. Allegation involves rape of a minor girl.

In view of gravity of the offence, we are not inclined to grant bail to the petitioner on merits.

Accordingly, the prayer for bail of the petitioner is rejected.

We have seen the report filed on behalf of the prosecution. Delay is engineered at the behest of the accused. As a result, charge could not be framed till date.

We request the trial court to consider the issue of framing of charge at the earliest and in the event charge is framed to

take the proceeding to its logical conclusion without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)