Swapan Mahaldar v. State Of West Bengal And ANR

26.06.2025 Item no.18(DL) Court No.42 srm (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 443 of 2025 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special Case No.19 of 2025 arising out of Ratua Police Station Case No.141 of 2025 dated 24.02.2025 under Section 6 of the Protection of Children from Sexual Offences Act, 2012, pending before the Court of learned Judge, Special Court, Chanchal, Malda;

And In Re : Swapan Mahaldar .... Petitioner Mr. Amal Krishna Samanta ...for the Petitioner.

Mr. Imran Ali, Mr. S. Kundu ... for the State.

Service report filed by the State is taken on record. Despite service, none appears on behalf of the de facto complainant.

Learned Advocate for the petitioner submits that there are no such allegations of rape. There are several litigations pending between the family members of the petitioner and the family members of the victim. Such aspect has led to filing of false, frivolous complaint. He seeks for enlargement of the petitioner on bail.

Opposing such prayer for bail, learned Advocate for the State submits that there are specific allegations against the petitioner. He seeks for dismissal of the application. Perused the case diary and the materials on record.

The victim is aged 8 years. The statement of the victim clearly implicates the petitioner of his involvement in the alleged offence. Considering the above materials and the nature and gravity of the offence, I am not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. The application for bail being CRM (M) 443 of 2025 stands dismissed.

(Bivas Pattanayak, J.)