Satya Gopal Shil Sharma v. State Of West Bengal

In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 25.07.2022 cm/ct 28 C.R.M. (DB) 256 of 2022 sl. no. 6 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotwali P.S Case No. 1231 of 2021 dated 17.12.2021 under Section 363/365 of the Indian Penal Code and subsequently added section 4 of the protection of Children from Sexual Offences Act.

Rejected And In Re : Satya Gopal Shil Sharma.

..... petitioner Mr. Sudip Guha ...... for the petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Abhijit Sarkar ...... for the State Petitioner is in custody for 195 days. He submits that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. He submits petitioner has been implicated in the statement of the minor victim.

We have considered the materials on record. Minor victim has implicated the petitioner in the alleged offence of penetrative sexual assault.

In view of the aforesaid incriminating materials on record and gravity of the offence, we are not inclined to grant bail to him. Accordingly, the prayer for bail of the petitioner is rejected. We are informed charge has been framed. Keeping in mind the statutory mandate under Section 35(2) of the POCSO Act, we direct the trial court to examine the minor victim at the earliest

and, therefore, trial court is directed to conduct the trial as expeditiously as possible without granting unnecessary adjournment to either of the parties.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)