Bikram Mistry v. State Of West Bengal

rkd 01.10.2020 Ct. No.08 C.R.M. 7247 of 2020 (IA NO: CRAN 1 of 2020) (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bakultala P.S. Case No. 512 of 2019 dated 03/10/2019 under Sections 376 (2)(i)/506 of the Indian Penal Code and under Sections 6 of the POCSO Act.

And In the matter of: - Bikram Mistry ....petitioner.

Mr. S. Chakraborty ...for the petitioner.

Mr. Saswata Gopal Mukherje, P.P., Mr. P.P. Das ...for the State.

Petitioner undertakes 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 conference. Accordingly, CRAN 1 of 2020 is disposed of.

Petitioner is in custody for more than one year. It is submitted that there is not injury corroborating the allegation of forcible rape.

Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that the minor girl of the petitioner is 12 years old.

We have considered the materials on record including the statement of the minor girl prima facie disclosing involvement of the petitioner in subjecting her to forcible sexual intercourse and in view of the gravity of the offence, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

(Shampa Sarkar, J.) (Joymalya Bagchi, J.)