Mojaffar Gazi v. State Of West Bengal And ANR

07.06.2023 sdas rejected C.R.M.(DB) No. 2113 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nazat Police Station Case No. 217 of 2018 dated 06.08.2018 under Section 376(2)(i)(j) of the Indian Penal Code and Section 6 of the POCSO Act. And In Re : Mojaffar Gazi .... petitioner Mr. P. Biswas ....for the petitioner Mr. Binay Panda Ms. Puspita Saha .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Minor victim was 31⁄2 years old at the time of occurrence. Statement of her mother implicates the petitioner in the offence. Petitioner had absconded for a protracted period of time. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

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