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Calcutta High CourtCRM (DB)/578/2022dismissed

Mamud Ali Mondal v. State Of West Bengal

2022-03-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

02.03.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M. (DB) 578 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Habra Police Station Case No. 900 of 2021 dated 02.12.2021 under Sections 363/365/420/376(1) of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

And In Re : Mamud Ali Mondal.

...... petitioner Mr. Sumanta Chakraborty ....for the petitioner Mr. Madhusudan Sur Mr. Manoranjan Mahata ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He submits that, the victim refused medical examination.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). He submits that, the petitioner impersonated himself as another person and, thereafter, ravished the victim. Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM (DB) 578 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)