Musa Molla v. State Of West Bengal And ANR

19.05.2023 tkm/ct 28 C.R.M. (NDPS) 2055 of 2023 sl no.46 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dadpur PS case no. 96 of 2021 dated 21.6.2021 under sections 448/376 of the IPC read with section 4 of the POCSO Act And In Re : Musa Molla ........ petitioner Md. Sabir Ahmed Mr. Abdur Rakib Ms. Suman Biswas ...... for the petitioner Mr. Prasun Datta Mr. S Deb Roy ...... for the State Heard learned lawyer for the parties.

We have considered the materials on record. Minor victim implicates the petitioner in the offence of penetrative sexual assault. Allegation of false implication due to monetary dispute may be probabilised during trial.

However, in view of the fact that vulnerable witness is yet to be examined, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

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