Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re:- Chitra Sharma on 5 April, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 2016 ted CRM No.2585 of 2016 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 28.03.2016 in connection with Baguihati Police Station Case No.15 dated 09.01.2015 under sections 366/366A of the Indian Penal Code and subsequently, charge sheet, being No.673 dated 13.08.2015 submitted under sections 363/366A/367/370/370A/371/372/373/376/109/120B of the Indian Penal Code and sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
And
In Re:- Chitra Sharma . Petitioner.
Md.Adil Badr ... for the petitioner.
Mr.Manjit Singh, ld.PP
Mr.Partha Pratim Das .. for the State.
Ms.Sharon Madame. .. for the de facto complainant.
Heard the learned counsels appearing on behalf of the parties. Perused
the case diary.
The petitioner is in custody for about 322 days.
This is a case, where the victim-girl, a minor, was kidnapped by a group of miscreants and was sold out from one person to another. At last, she came in the hand of this petitioner, who forced her to marry her brother, Visan Sharma. Thereafter, she was forced to go for sexual relation with another miscreant and, thereafter, she was repeatedly raped by different persons.
This is what we find from the statement of the victim-girl recorded under section 164 CrPC, which is at page 116 of the case diary. 2 Be it noted that in this case initially the victim made another 164 statement and in that statement, she exonerated each one of the miscreants, but finally after CID took over the charge of investigation, her second statement was recorded, in which she disclosed the aforesaid fact.
We have been informed by the learned Public Prosecutor, High Court, Calcutta that already trial has been commenced and the victim-girl has been examined and in her evidence, she reiterated what she stated in her statement under section 164 CrPC for the second time.
Having regard to above and considering the other materials collected during investigation and also considering the nature and seriousness of the allegation and the gravity of the offences, in our opinion, this is not at all a fit case for bail. Accordingly, this application for bail is, thus, rejected.
(Ashim Kumar Roy, J.) (C.S.Karnan, J.)