Mamun Sarkar v. State Of West Bengal

ADDL 30.

November 18, 2020.

SG CRM 8621 of 2020 In Re. An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tapan Police Station Case No.275 of 2019 dated 20.11.2019 under Sections 363/365/109 of the Indian Penal Code & 6 of the POCSO Act.

In the matter of: Mamun Sarkar ...petitioner.

Ms Jeenia Rudra ... for the petitioner.

Mr Rana Mukherjee Ms Sukanya Bhattacharya Md Kutubuddin ... for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioner states that the petitioner is not involved in the commission of any offence and exaggerated charges have been levelled.

The State has produced the statement of the survivor, who is 14 years old, recorded under Section 164 of the Code. From such statement, the active involvement of the petitioner is clear.

In such view of the matter, no latitude can be shown to the petitioner. The prayer for bail stands rejected. CRM 8621 of 2020 is disposed of.

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