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Calcutta High CourtCRM (DB)/2557/2023rejected

Nayan Mondal v. State Of West Bengal And ANR

2023-07-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

04.07.2023.

110.

Ct.No.28 as (Rejected) C.R.M. (DB) 2557 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Women P. S. Case No.25 of 2023 dated 07.02.2023 under Sections 448/507 of the Indian Penal Code and under Section 6 of the POCSO Act.

In the matter of : Nayan Mondal.

... Petitioner.

Mr. Imtiaz Ahmed, Mr. Ghazala Firdaus Mr. Sk. Saidulla, Mr. Mithun Mondal, Mr. Md. Arsalan, Mr. Julfikar Alam.

...for the Petitioners.

Ms. Faria Hossain, Ms. Mamata Jana.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Statement of the minor shows that the petitioner subjected her to penetrative sexual assault. She has not yet been examined. Under such circumstances, we are not inclined to grant bail to the petitioner.

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

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