Abdul Gaffar Molla @ Gaffar Mallik v. State Of West Bengal And ORS.

11.06.2021 tkm/ct 28 C.R.M. 2506 of 2021 sl no. 115 (Through Video Conference) In Re : An application for ail under section 439 of the Code of Criminal Procedure in connection with Harwood Point Coastal P.S case no. 270 of 2017 dated 9.12.2017 under section 363 of the IPC charge sheet submitted under sections 363/366/376/370/370A(2)/120B IPC And In Re : Abdul Gaffar Molla @ Gaffar Mallik ...... petitioner Mr. P S Mondal ...... for the petitioner Mr. T K Ghosh, Mr. Arindam Sen ...... for the State This is the fifth application under section 439 Cr.P.C. The charge against the petitioner is under sections 363/366/376/370/370A(2)/120B IPC The petitioner has been found to be one of the accused in a case for trafficking of the victim girl into a different State. Counsel for the petitioner argues that the accused in the 164 Cr.P.C statement is one Abdul Gabbar has been named and the petitioner herein is Abdul Gaffar.

This court is of the view that there is sufficient evidence to link the petitioner herein to the offence.

Given the gravity of the offence, nature of the allegations and evidence against the petitioner, this court is not inclined to entertain the application for bail under section 439 Cr.P.C. Accordingly, CRM 2506 of 2021 stands rejected. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)