JUDGMENT S.G. Chattopadhyay, J. - This is an application under section 439 Cr.P.C for granting bail to accused Sourav Shil, the sole FIR named accused in Kamalpur PS case No.2021 KMP 071 (POCSO) registered under sections 376(3), 305 and 506 IPC and section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Mr. S. Sarkar, learned senior advocate appearing along with Ms. P. Chakraborty, advocate for the petitioner. Also heard Mr. R. Datta, learned P.P representing the State respondent. 3. The factual context of the case is as under: Mother of the victim (name withheld) lodged a written FIR with the officer in charge of Kamalpur police station on 12.11.2021 alleging, inter alia, that her daughter (victim) was prosecuting her studies in Class-IX at Kamalpur from the house of her brother. On 04.11.2021, at around 10 O'clock in the night, the accused committed rape on her daughter at a place nearby the place where she was living. Her daughter informed one of her friends about the incident who conveyed the information to the informant mother of the victim over telephone. On the following day her daughter also called her. When she came to Kamalpur, her daughter unfolded the entire incident to her. Her daughter also informed her that she was terrorized by the accused not to disclose the incident to anyone. The informant then brought back her victim daughter to her home where she consumed a poisonous seed to finish her life. She was taken to various hospitals in serious condition. Ultimately, she died on 07.11.2021 in AGMC and GBP Hospital at Agartala. The bereaved mother then filed the FIR. 4. Based on her FIR, the case was registered and investigation of the case was taken up by police. During investigation, the accused was arrested and put to custody. 5. Counsel appearing for the accused submits that accused has been undergoing imprisonment for about 64 days. By this time, investigation has been done and charge sheet has been laid against the accused. Counsel, therefore, submits that no purpose will be served by prolonging his detention in custody since the investigation is over. Counsel also submits that the allegation of rape is absolutely false because in the post mortem examination of the victim, it was detected by the autopsy surgeon that her hymen was intact and there was no sign of rape. Counsel, therefore, submits that no purpose will be served by prolonging his detention in custody since the investigation is over. Counsel also submits that the allegation of rape is absolutely false because in the post mortem examination of the victim, it was detected by the autopsy surgeon that her hymen was intact and there was no sign of rape. Counsel also submits that the charge of abatement of suicide punishable under section 305 IPC does not also survive against the accused since there is no material supporting the charge. Further contention of Mr. Sarkar, learned senior advocate is that since there was no penetration, the charge of section 4, POCSO Act does not also apply against the accused. Further submission of learned counsel is that accused is only 21 years old and in view of his tender age, his bail application may be considered by this court. It is also contended by learned counsel that there was no whisper with regard to commission of rape before the victim committed suicide even though police station was not far away from the residence of the victim. Under the premises aforesaid, learned counsel urges the court for releasing the accused on bail. 6. Mr. R. Datta, learned P.P while opposing the bail application contends that statement of the mother of the victim as well as the statements of the other witnesses recorded by the investigating officer support the charges brought against the accused. Moreover, the investigating officer submitted a prayer for custodial trial before the learned Special Judge which has been allowed by the learned Special Judge and in these circumstances bail should not be granted to the accused. 7. Considered the submissions of learned counsel representing the parties. Perused the entire record including the updated case diary. 8. The victim was only 15 years' old at the time when the alleged offence was committed to her. Her mother has made a categorical statement to the investigating officer that her daughter before committing suicide told her that she was called by the accused during night. After she was taken to a lonely place nearby her home, the accused inserted her finger into her private part and twisted her breasts. Mother of the victim also stated that her daughter was in a very depressed mood before she consumed a poisonous seed which led to her death. After she was taken to a lonely place nearby her home, the accused inserted her finger into her private part and twisted her breasts. Mother of the victim also stated that her daughter was in a very depressed mood before she consumed a poisonous seed which led to her death. Materials available on record have constituted a strong prima facie case against the accused. Most of the witnesses are relatives and neighbours of the accused and it is quite likely that if the accused is released on bail, he would influence the witnesses of the case. Punishment of the offence for which the accused has been charged is also severe. Considering all these aspects and the settled parameters of consideration of bail, this court is of the view that accused does not deserve bail at this stage of the case. 9. Since he is the sole accused of the case, the learned Special Judge be requested to expedite the trial of the case. 10. In terms of the above, the bail petition stands rejected and the matter is disposed of. Return the case diary to Mr. R. Datta, learned P.P.