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Calcutta High CourtCRM (DB)/1387/2022rejected

Kabir Mondal@ Kabirul Mondal v. State Of West Bengal

2022-06-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

07.06.2022 cm/ct 24 C.R.M.(DB) No. 1387 of 2022 sl no. 28 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Amdanga P.S Case No. 582 of 2021 dated 08.11.2021 under Sections 363/365/376 of the Indian Penal Code & 06 the Protection of Children from Sexual Offences Act 2012. And Rejected In Re : Kabir Mondal @ Kabirul Mondal ..... petitioner Mr. D. Deb Mr. Pabitra Biswas ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State Petitioner is in custody for more than 204 days. It submitted that there was a love affair between the parties. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including statement of the minor victim recorded under Section 164 Cr.P.C.

It appears from her statement that she had been forcible abducted and taken to Mumbai and ravished. In view of the gravity of the offence and the aforesaid incriminating materials against the petitioner, we are not inclined to grant bail to him. Trial Court is directed to conclude the trial at an early date bearing in mind the statutory mandate under 35(2) of the POCSO Act.

The application being CRM(DB) No. 1387 of 2022 is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)