Rajib Ghosh v. State Of West Bengal

01.10.2020 Sl. No.15 Ct-11 BM/CP CRM 7375 of 2020 + I.A No.: CRAN/1/2020 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Special( POCSO) Case No.03/2020 arising out of Panrui Police Station case No.08/2020 dated 23.01.2020 under Sections 376(3) of the Indian Penal Code and Sections 4/8/12 of Protection of Children from Sexual Offences Act, 2012.

And In the matter of : Rajib Ghosh ... Petitioner Mr. Sanjib Kumar Dan Mr. Saryati Datta ... for the Petitioner Mr. S. G. Mukherji, learned PP Mr. Bidyut Kumar Roy Ms. Rita Datta ... for the State Mr. Datta, learned advocate for the petitioner submits that the First Information Report is not supported by the preliminary medical report. Therefore, court should grant bail with any condition to the petitioner.

Mr. Mukherji, learned advocate for the State opposes the prayer for bail and draws our attention to the relevant Sections of the POCSO Act and Section 164 statement of the victim. Considering the submissions of the learned advocates and on perusal of the case diary, we are not inclined to grant bail at this stage. However, after completion of the medical examination of the victim girl, the petitioner is at liberty to renew his prayer for bail. We direct the trial court to proceed with the trial in virtual mode and complete the same as early as possible. Accordingly, the application for bail and connected application being I.A No.: CRAN/1/2020 are rejected.

(Samapti Chatterjee, J. )

(Subhasis Dasgupta, J.)