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Calcutta High CourtCRM(M)/541/2025rejected

Aminuddin Mondal @ Amu v. State Of West Bengal And ANR

2025-05-30Hon'Ble Justice Ananya Bandyopadhyay2 pages

26 30.05.2025 ss/jks CRM(M) 541 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kultali P.S. Case No.644 of 2023 dated 05.10.2023 under Sections 305/376(2) (n)/376(3) of the Indian Penal Code and Sections 6/17 of the Protection of Children from Sexual Offences Act. And In the matter of: Aminuddin Mondal @ Amu ... ... petitioner Mr. Madhurai Sinha ... ... for the petitioner Mr. Arijit Ganguly Ms. Debjani Sahu ... ... for the State 1.

This is an application for bail filed in connection with Kultali P.S. Case No.644 of 2023 dated 05.10.2023 under Sections 305/376(2) (n)/376(3) of the Indian Penal Code and Sections 6/17 of the Protection of Children from Sexual Offences Act. 2.

The learned advocate representing the petitioner submitted the petitioner to have been in custody for one year seven months and 26 days. The charge-sheet has already been filed and accordingly, prayed for grant of bail.

3. The learned advocate representing the State submitted that the minor victim had committed suicide on refusal of marriage by the petitioner who had ravished her on numerous occasions on a promise to marry and strictly opposed the prayer for bail.

4. Considering the materials on record, the presumption under Section 29 of the POCSO Act cannot be overruled. Accordingly, prayer for bail of the petitioner is rejected. (Ananya Bandyopadhyay, J.)