Calcutta High Court (Appellete Side)
6 Of The Pocso Act vs In Re : Akash Das on 8 December, 2021
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
08.12.2021 saswata ct 28 C.R.M. 8083 of 2021 sl no. 128 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Bishnupur P.S. case no. 258/19 dated 11.04.2019 under section 302 of the Indian Penal Code read with Section 6 of the POCSO Act.
And In Re : Akash Das ........ petitioner Mr. Arnab Saha ...... for the petitioner Mr. Abhra Mukherjee Mr. Dipankar Mahato ...... for the State The petitioner is in custody for more than 1000 days. He submits he has been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the statement of the minor girl implicating the petitioner in the alleged forcible sexual intercourse.
In view of gravity of the offence, we are not inclined to grant bail to the petitioner.
The prayer for bail is, thus, rejected. However, we direct the Trial Court to proceed with the trial, particularly recording of evidence of the victim girl as early as possible without granting unnecessary adjournment to either of the parties.
(Joymalya Bagchi, J.) (Bivas Pattanayak, J.)