C.R.M.(DB) No. 326 of 2024 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 376, 506
- Protection of Children from Sexual Offences Act, 2012 s. 4
Judgment
Ms. Minoti Gomes Mr. Asfak Ahammed ….for the petitioner Mr. Bitasok Banerjee … for the State
Learned Counsel for the petitioner submits he is in custody for one year and eleven months. It is also submitted he has been falsely implicated. Victim has already been examined. He prays for bail.
Learned Counsel for the State opposes the prayer for bail and submits DNA report of the child born due to rape shows petitioner is the father of the child.
We have considered the materials on record. Victim is a minor girl. She got pregnant due to the act of rape. DNA report shows petitioner is the father of the child born to the minor. In view of the aforesaid incriminating materials and gravity of the offence we are not inclined to grant bail to the petitioner at this stage.
Application for bail is, thus, rejected. 2
Trial court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.