Afsana Begum v. State Of West Bengal

23.09.2020 Item No.9 Ct.No.11 dc.

Rejected C.R.M. 6623 of 2020 C.R.A.N. 1 of 2020 (Through Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No. 90 of 2018 arising out of Garden Reach P.S. Case No. 89 of 2018 dated 23.04.2018 under Sections 4/6 of the POCSO Act, 2012 and under Sections 376/366A/370/372/373/120B/34 of the Indian Penal Code.

And In the matter of : Afsana Begum alias Tara & Anr. ... Petitioners.

Mr. Arka Chakraborty ... For the Petitioner.

Mr. Saibal Bapuli, Ms. Sayanti Santra ... For the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Learned advocate for the petitioners submits that the statements and other documents are not available with him. As such, it is not possible for him to proceed with the case. On query, the learned advocate for the petitioners is unable to satisfy why such an application was filed and what are the

change of circumstances since the last rejection on 05.06.2020.

Mr. Bapuli, learned P.P.-in-Charge appearing on behalf of the State opposes the prayer for bail of the petitioners and draws the attention of this Court to the earlier order passed on 05.06.2020 in CRM 3766 of 2020 and the gravity of the offence.

We find that the present case involves offences of buying and selling minors with ulterior motive. In view of the involvement of the petitioners and others in commission of the alleged offence and the complicity of each of them, we are not inclined to release the present petitioners on bail. Accordingly, prayer for bail of the petitioners is rejected. CRM 6623 of 2020 and CRAN 1 of 2020 are disposed of.

(Tirthankar Ghosh, J.) (Samapti Chatterjee, J.)