Naimul Haque @Ali v. State Of West Bengal

16.09.2020 Item no. 15 Ct.23 CHC Rejected C.R.M. No.6650 of 2020 C.R.A.N.1 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Rajganj Police Station Case No. 435/2019 dated 31.12.2019 under Sections 376AB/506/109 IPC and under Section 4 of POCSO Act.

And In the matter of:- Naimul Haque @ Ali ... Petitioner Mr. Jaydeep Bhowmik .. for the petitioner Mr. Aditi Sankar Chakraborty, Ld. A.P.P.

Mr. Sagnik Sankar Sikdar ..for the State The 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 conference. Learned advocate for the petitioner submits that petitioner is in custody since 8th January, 2020 and last date was fixed on 20th April, 2020 in the court below.

We have perused the materials including the memo of evidence and on consideration of medical report as also other

materials placed before us that the accused violated 16 year old girl who has, in the meantime, conceived, although, the petitioner submits that charge-sheet has already been submitted and because of the COVID situation trial cannot progress. We are not convinced at all to enlarge the petitioner on bail at this stage. Prayer for bail of the petitioner is rejected at this stage. CRM 6650 of 2020 and CRAN 1 of 2020 are disposed of. (Kausik Chanda, J.) (Sahidullah Munshi, J.)