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Calcutta High CourtCRM(R)/48/2025rejected

Nurul Mallick v. State Of West Bengal And ANR

2025-06-19Hon'Ble Justice Bibhas Ranjan De2 pages

27.

19-06-2025 Ct. No.32 pg CRM (R) 48 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 arising out of Rahara Police Station Case No.374 of 2024 dated 29.11.2024 under Section 8 of the Protection of Children from Sexual Offences Act, 2012 in connection with POCSO Case No.301 of 2024 pending before the Court of the learned Judge, Special (POCSO) Court at Barackpore, North 24-Parganas.

- A n d - In the matter of : Nurul Mallick .... Petitioner Mr. Moyukh Mukherjee Mr. Abhijit Singh Mr. Sarthak Mondal Mr. Samrat Mandal ... For the Petitioner Ms. Sujata Das Ms. Sima Biswas ... For the State Mr. Amit Ranjan Pati ... For the victim/de facto complainant 1.

Learned counsel appearing on behalf of the petitioner, the State and the victim/de facto complainant are present.

2.

This is an application for granting bail of the petitioner on the ground that though earlier bail application was rejected but the instant application has been filed after obtaining copies under Section 207 of the Code of Criminal Procedure (Section 230 of BNSS).

3.

Learned counsel appearing on behalf of the petitioner has fervently contended that the petitioner was

falsely implicated in this case due to some animosity, relying upon the documents obtained under Section 207 of the Code of Criminal Procedure (Section 230 of BNSS) to substantiate his plea.

4.

Conversely, learned counsel appearing on behalf of the State has steadfastly anchored her arguments upon the materials meticulously gathered during the course of investigation.

5.

Having attentively heard the persuasive submissions advanced on behalf of the parties and upon due contemplation in the present matter, this Court finds itself disinclined to grant the petitioner the prerogative of bail at this juncture.

6.

Accordingly, the prayer of the petitioner for bail is rejected.

7.

CRM (R) 48 of 2025 stands disposed of.

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

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

(Bibhas Ranjan De, J.)