Dibyendu Jana v. State Of West Bengal

15.09.2020 Item No. 19 Sdas rejected C.R.M. 6512 of 2020 With CRAN 1 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Eco Park Police Station Case No. 35 dated 24.01.2020 under Sections 376(f)(i) of the Indian Penal Code and Section 6 POCSO Act.

And In Re : Dibyendu Jana ..... petitioner Mr. Saryati Datta ... for the petitioner Mr. Ranabir Raychowdhury Mr. Mainak Gupta ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Accordingly, CRAN 1 of 2020 is disposed of.

Having considered the materials on record prima facie disclosing involvement of the petitioner i.e. step-father in sexually abusing his step-daughter, we are of the opinion that delay in lodging F.I.R. is natural in view of the close relationship between the parties and this is not a fit case to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)