Rajesh Mondal @ Sahajamal Mondal @ Saha Jana v. State Of West Bengal And ANR
09.02.2023 tkm/ct 28 C.R.M. (DB) 551 of 2023 sl no.32 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 261/2021 dated 15.9.2021 under Sections 4/6 of the POCSO Act And In Re : Rajesh Mondal @ Sahajamal Mondal @ Sahajanal ........ petitioner Mr. S Das Mahapatra Mr. Amanul Islam Mr. Sourav Mukhejee ...... for the petitioner Mr. Binay Panda Mr. S Bhakat ...... for the State Petitioner is in custody for 482 days. It is submitted that there is delay in trial.
Learned lawyer for the State opposes the bail prayer. He submits delay was engineered by the petitioner. We have considered the materials on record. Statement of the minor implicates the petitioner in the offence of penetrative sexual assault. Her evidence has not been recorded as yet. Under such circumstances and in view of the gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)