Ashok Jaiswal v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side 21-12-2022 Subha Item no.

Bail rejeced CRM (SB) 294 of 2022 Ashok Jaiswal -vsThe State of West Bengal In Re: An application for bail under Section 439 Cr.P.C in connection with Dasnagar P.S. Case No.121 of 2022 dated 07.11.2022 under section 12 of the POCSO Act.

Mr. Mrityunjoy Chatterjee ...for the petitioner.

Mr. Md. Anwar Hossain Mr. Sreyashee Biswas ... for the State.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner is in custody for about 72 days and the Investigating Agency on completion of investigation has already submitted chargesheet under Section 12 of the POCSO Act. Mr. Hossain, learned advocate appears on behalf of the State and opposes the prayer for bail of the present petitioner. I have perused the documents collected by the Investigating Agency and I have my reservations whether the case is made out under Section 12 of the POCSO Act or Section 8 of the POCSO Act. Accordingly, the prayer for bail of the petitioner is rejected. The petitioner would be at liberty to pray for bail after the evidence of the victim is over.

With the aforesaid observations, the application for bail, being CRM (SB) 294 of 2022 is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]