Md Musa Haque Molla @ Moulabi Md Mojaffer Saheb v. State Of West Bengal And ANR

03.02.2026

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.116 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 2053 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Polerhat Police Station Case No. 70 of 2025 dated 25.07.2025 under Sections 64(2)(f)/351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Md. Musa Haque Molla @ Moulabi Md. Mojaffer Saheb ... Petitioner.

Mr. Sekhar Pal, Mr. Mobakshar Islam ... For the Petitioner.

Mr. Prasun Kr. Dutta, APP, Ms. Trisha Rakshit ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for a considerable period of time and has been falsely implicated in connection with the instant case. It has been also submitted that there was delay in lodging the FIR and there is every possibility of the facts being embellished for implicating the petitioner. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and produces the case diary.

I have considered the statement of the victim recorded under Section 183 of the BNSS, 2023 as well as her medical examination report and on an assessment of the same, I am of the opinion that this is not a fit case for granting bail to

the petitioner at this stage. As such, the prayer for bail of the petitioner is rejected.

The application for bail, being CRM (M) 2053 of 2025, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)