Ijaz Uddin Mondal @ Fjajul v. State Of West Bengal

22.04.2021 Court No.28 rpan / 124 C.R.M. 1759 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure;

And In Re : Ijaz Uddin Mondal @ Fjajul

...Petitioner.

Mr. Kallol Basu, Md. Jannal Ul Firdous ... for the petitioner.

Ms. Sukanya Bhattacharya, Md. Kutubuddin ... for the State.

The present application has been preferred in connection with Matia Police Station Case No.285 of 2020 dated 08.09.2020 under Section 376(2)(i), (j), (n) of the Indian Penal Code and Section 4 of the POCSO Act.

Mr. Basu, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The allegations levelled against him are in the abstract and the materials do not disclose the involvement of the petitioner in the alleged offence. Upon completion of investigation, charge-sheet has also been filed and as such, further detention of the petitioner, who is in custody since 3rd December, 2020, is not warranted.

Md. Kutubuddin, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary,

the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the application for bail, being CRM No. 1759 of 2021, is rejected.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)