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Calcutta High CourtCRM (DB)/1608/2022rejected

Rashid Ali Mondal @ Rasid Ali Mondal @ Rosid Ali Mondal v. State Of West Bengal

2022-06-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

14.06.2022 Sl. No.29 akd [Rejected] C. R. M. (DB) 1608 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.06.2022 in connection with Narendrapur Police Station Case No. 682 of 2021 dated 28.05.2021 under Sections 376(3)/354/354D/509 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

And In Re: Rashid Ali Mondal @ Rasid Ali Mondal @ Rosid Ali Mondal ... ... Petitioner Mr. Ashutosh Mandal ... ... for the petitioner Md. Anwar Hossain Ms. Benajir Hasna ... ... for the State Petitioner renews his prayer for bail.

It is submitted on behalf of the petitioner there is hardly any progress in the matter since the rejection of bail by this court in February, 2022.

Learned advocate appearing for the State opposes the prayer for bail and submits delay is due to abscondence of co-accused. We have considered the materials on record including the statement of the minor victim. Victim stated she was ravished and her objectionable pictures were threatened to be uploaded on the internet. In view of the gravity of the offence and as delay in progress of the matter before the court below is due to abscondence of the co-accused and cannot be attributed to the prosecution, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)