Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 120B, 323, 328, 363, 365, 376(2)(n), 504, 506
- Protection of Children from Sexual Offences Act, 2012 ss. 4, 6(I)
Judgment
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 332 of 2021 dated 21.08.2021 under Sections 363/365/328/376(2)(n)/120B/504/506/323 of the Indian Penal Code and Section 4/6(I) of the Protection of Children from Sexual Offences Act, 2012. Arising out of POCSO case no. 16. 2021. -And- In the matter of : Sekendar Molla … …Petitioner Mr. Swapan Chatterjee, Advocate … … For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Manaranjan Mahata, Advocates … …For the State Petitioner renews the prayer for bail. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 250 days. There was a relationship between the petitioner and the victim. In fact the victim and the petitioner were married. Learned advocate appearing for the State submits that the claim for marriage was agitated before the Court rejecting the prayer for bail. There is hardly any material change in circumstances subsequent to the earlier order of rejection. The claim for marriage was raised before the co- ordinate Bench. In such circumstances, we are not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. 2 CRM (DB) 1131 of 2022 is dismissed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)
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