Lalchand Mondal@Nalu Mondal v. State Of West Bengal

29.09.2021 Item no. 41 Court No.32.

S.De (Rejected) (Via Video Conference) CRM No. 3286 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 09.04.2021 in connection with Tehatta Police Station Case No. 93 of 2021, dated 25.02.2021 under Sections 376/511/323/506/34 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act.

And In the matter of : Lalchand Mondal @ Nalu Mondal. ......Petitioner.

Mr. Asraf Mandal, Advocate, ......for the Petitioner.

Mr. Tanmoy Kr. Ghosh, Advocate, Mr. Arindam Sen, Advocate, ......for the State.

The allegation against the petitioner is primarily under Sections 376/511/323/506/34 of the Indian Penal Code read with Section 10 of the Protection of Children from Sexual Offences Act.

The petitioner says that he has been falsely implicated. He is a neighbour of the victim girl. There are disputes between the two families. Hence, this false case.

We have seen the statement of the victim girl who was about nine years old when the alleged incident took place. She has clearly stated that she was molested by the petitioner. In view of the nature and gravity of the offence and the incriminating material against the petitioner, although chargesheet may have been submitted, we are not inclined to entertain the petitioner's prayer for anticipatory bail. Accordingly, CRM 3286 of 2021 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)