Bharati Sharma@ Sonia v. State Of West Bengal

25.9.2020 Ct-16 ds & ar C.R.M. 7234 of 2020 with CRAN 1 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Uluberia P.S Case No. 328 of 2018 dated 09.05.2018 under Sections 363/365 read with Sections 370/370A/372/376(2) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act and Sections 4/5 of the Immoral Traffic (Prevention) Act And In the matter of: Bharati Sharma @ Sonia & Anr.

...Petitioners.

Mr. Anindya Ghosh ... For the Petitioners Mr. Prasun Kumar Dutta Mr. Pradipta Ganguly ... For the State The petitioners undertake to appropriately affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners claims that the petitioners were not involved in the alleged abduction of the survivor. The State says that the survivor was recovered from the possession of the present petitioners.

Though there is a dispute between the petitioners and the State as to whether the trial has commenced, considering the statement of the survivor and the fact that the survivor was recovered from the possession of the present petitioners, the present petitioners cannot be shown any latitude.

CRM 7234 of 2020 along with interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)