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Calcutta High CourtCRM (DB)/3383/2023rejected

Chopan Molla @ Sobhan Molla v. State Of West Bengal And ANR

2023-09-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

12.09.2023.

29.

Ct.No.28 as (Rejected) C.R.M. (DB) 3383 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.88 of 2023 under Sections 323/379/363/366A/370/370A/ 376(2)(n)/120B of the Indian Penal Code and Section 6 of the POCSO Act arising out of Bakultala P.S. Case No.130 of dated 27.04.2023 under Sections 363/366/341/323/506 of the Indian Penal Code. In the matter of : Chopan Molla @ Sobhan Molla. ... Petitioner.

Mr. Sumanta Chakraborty.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakraborty.

...for the State.

1.

Petitioner submits that the mother of the minor had married a man in Kashmir. She was also given in marriage. 2.

Learned Advocate for the State opposes the bail prayer. He submits victim was trafficked as per statement recorded before Magistrate.

3.

We have considered the materials on record. We note charge sheet has been filed but victim has not yet been examined.

4.

We request the trial court to consider the issue of framing of charge at the earliest preferably within one month from date and to examine the victim within one month from the date of framing of charge.

5.

Parties shall communicate this order to the trial court for due compliance.

6.

With these observations, the application for bail is rejected.

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