Prasenjit Das v. State Of West Bengal

21.09.2020 Item No. 34 Sdas rejected C.R.M. 6925 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 Sagar Police Station Case No. 301 of 2018 dated 03.01.2018 in Special Sessions Trial Case NO. 03(1) of 2020 arising out of Special POCSO No. 38 of 2018 under Sections 363/366/34 of the Indian Penal Code and adding Sections 376(2)(i)/506/120B of the Indian Penal Code read with Sections 4/6 of the POCSO Act And In Re : Sri Prasenjit Das ..... petitioner Mr. Partha Sarathi Mondal ... for the petitioner Ms. Sukanya Bhattacharya Md. Kutubuddin ... 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 in subjecting a minor to penetrative sexual assault, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage. The application for bail is, thus, rejected.

(Kausik Chanda, J.) (Joymalya Bagchi, J.)