Bappa Roy v. State Of West Bengal

17.11.2020 SL No.20 Court No.12 (jks & Sb) CRM 7737 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Amta P.S. Case No.206/2020 dated 16/07/2020 under Sections 376 (3) of the Indian Penal Code, 1860 read with Sections 4/6 of the POCSO Act.

And In the matter of: Bappa Roy.

....Petitioner.

Mr. Anindya Ghosh, ...for the Petitioner.

Mr. Swapan Banerjee, Ms. Purnima Ghosh, ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Having considered the materials-on-record and the statement of the victim girl recorded under Section 164 of the Criminal Procedure Code directly implicating the petitioner, we are not inclined to grant bail to the petitioner. In view of the fact that the charge-sheet has already been filed, the trial court is directed to take steps for consideration of the charges at the earliest and in the event the charge is framed the trial court is directed to take the proceeding to its logical conclusion without granting unnecessary adjournment to either of the parties. The trial court should adhere to time schedule satisfying requirement under the POCSO Act for disposal of the trial.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)