Moidul Molla @ Maidul v. State Of West Bengal And ANR

02.05.2023 sdas rejected C.R.M. (DB) No. 1516 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhangore Police Station Case No. 239 of 2022 dated 19.04.2022 under Section 376DA of the Indian Penal Code and Section 6 of the POCSO Act subsequently charge-sheet submitted under Sections 376DA/376(2)(f)/376(2)(1)/376(2)(n)/323/506 of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re : Moidul Molla @ Maidul ..... petitioner Mr. Ayan Basu Mr. Sandip Kumar Mondal Mr. Sumit Routh ... for the petitioner Mr. Binay Kumar Panda Ms. Sima Biswas ... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Victim is a girl of unsound mind. She has been ravished by the petitioner who is her brother-in-law. Petitioner does not stand on the same footing with the co-accused who is on bail. In view of nature and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)