Lalbar Ali @ Lalbar @ Lalban Ali @ Lalban v. State Of West Bengal And ANR.

06.08.2025 Item no.10 Court No.42 ss (Dismissed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 1222 of 2025 In Re:- An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Special Case No.61 of 2025 arising out of Pukhuria Police Station Case No.313 of 2025 dated 23.06.2025 for the offence punishable under Section 6 of POCSO Act currently pending before the Court of learned Judge, Special Court (under POCSO Act), Chanchal, Malda. And In Re : Lalbar Ali alias Lalbar alias Lalban Ali alias Lalban .... Petitioner Mr. Soupal Chatterjee Mrs. Mekhala Kar Ms. Sucheta Banerjee ..... for the petitioner Mr. Md. Adil Badr Mr. Md. Kutubuddin ... for the State Ms. Rituparna Ghosh ... for the de facto complainant Service report filed by the State is taken on record. Learned Advocate for the petitioner submits that the victim and the petitioner had love affairs.

There are no incriminating materials against the petitioner. The victim left her house out of her own accord. The petitioner is in custody for 50 days. She seeks for enlargement of the petitioner on bail. Opposing such prayer for bail, learned Advocate for the State submits that the victim in her statement clearly implicates this petitioner of his involvement in the alleged offence and it is also supported by other witnesses. He seeks for dismissal of the bail application.

Learned Advocate for the de facto complainant also makes similar submission.

Perused the case diary and materials on record. The victim in her statement clearly implicates this petitioner of kidnapping and committing rape upon her. Considering the prima facie incriminating materials, the implication of the victim and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail prayer of the petitioner is rejected. The application for bail being CRM (M) 1222 of 2025 stands dismissed.

(Bivas Pattanayak, J.)