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Calcutta High CourtCRM (DB)/2413/2022rejected

Motaleb Mondal @ Motaleb Mistry @ Babu v. State Of West Bengal

2022-07-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

25.07.2022.

20.

Ct.No.28 as (Rejected) C.R.M. (DB) 2413 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhantala P.S. Case No.82 of 2019 dated 09.03.2019 under Sections 363/365/34 of the Indian Penal Code and Section 6 of the POCSO Act. In the matter of : Motaleb Mondal @ Motaleb Mistry @ Babu. ... Petitioner.

Ms. Sananda Bhattacharyya, Ms. Kaberi Mukherjee.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, Mr. Arindam Sen.

...for the State.

Heard the learned Advocates appearing for the parties. Petitioner is in custody for about 110 days. He prays for bail.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the victim girl. From the statement of the victim, we find that the petitioner had forcibly ravished her. Keeping in mind the aforesaid materials on record and gravity of offence, we are not inclined to grant bail to the petitioner.

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

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)