Kajem Mondal @ Kajem Ali Mondal v. State Of West Bengal And ANR

10.

03-06-2025 (ct. no.06) tkm/pp CRM (M) 563 of 2025 In re: An application for bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita 2023 in connection with Domkal Women Police Station Case No.479 of 2023 dated 16-7-2023 under Sections 376(3) of IPC and Section 6 of the POCSO Act - A n d - In the matter of : Kajem Mondal @ Kajem Ali Mondal .... Petitioner.

Ms. Sonali Das Mr. Nobiul Islam Mr. B Islam ... For the Petitioner.

Ms. Manisha Sharma Mr. Asif Dewan ... For the State.

Mr. Aniket Mitra ... For the de facto complainant.

1. It is said on behalf of the accused-petitioner that this petitioner is absolutely innocent and has/had no connection with the offence alleged. It is further said that the evidence taking process has already been started and as such no purpose will be served by detaining this accused-petitioner behind the bar for the sake of custodial interrogation.

2. Learned advocate for the State raises objection by submitting that offence involved in this case is serious in nature and the victim is a 6-year old child and this accusedpetitioner has allegedly committed rape upon her and if at this stage this accused-petitioner is enlarged on bail then there is every chance of tampering the evidence.

3. I have considered the materials on record. Victim is a sixyear old child and the allegation is that the accused-petitioner committed rape upon her. The offence involved in this case is serious in nature. Considering the gravity of the offence I am not inclined to enlarge the petitioner bail.

4. According prayer for bail is rejected.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

6. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Prasenjit Biswas, J.)