Bagbul Hossain Molla @ Bablu v. The State Of West Bengal And ANR

15.01.2025 Item no. 20.

Court No.29.

AB (Rejected) CRM (DB) 3742 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dholahat Police Station Case No.411 of 2021 Dated 17.10.2021 under Sections 367/368/370/354B/372/373/376 of the Indian Penal Code read with Sections 6/8 of the POCSO Act And In the matter of : Bagbul Hossain Molla @ Bablu ......Petitioner.

Mr. S. Ganguly, Mr. S. Shasmal ......for the Petitioner.

Mrs. Amita Gour Ms. Sufi Kamal ......for the State.

Dictated by Arijit Banerjee, J.

1.

Status report filed by the State, be kept with the records.

2.

It appears that out of 25 charge sheet named witnesses, the five victim girls and two other witnesses have already been examined. The report says that the prosecution intends to examine the three concerned doctors, the recording officer and the investigating officer, who are all formal witnesses. Therefore, the trial is expected to conclude on an early date.

3.

We are conscious that the petitioner is in custody for about three years and three months. However, the nature of the offence is heinous and grave. The five Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 16 th of January 2025 11:43:52 AM

victim girls were trafficked to Delhi and from the material on record, we find the role of the petitioner in such alleged crime to be prominent.

4.

Noticing that there is overwhelming incriminating material against this petitioner, who, if convicted of the charges, which include charge under Section 6 of the POCSO Act, will attract a minimum punishment of twenty years' imprisonment, which may extend to life term, we are not inclined to allow his prayer for bail, at this stage.

5.

The prayer for bail is rejected.

6.

CRM (DB) 3742 of 2024 is dismissed.

7.

However, considering the period of detention of the petitioner, we request the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date, without granting unnecessary adjournments to either of the parties.

8.

The parties shall communicate this order to the learned Trial Court.

9.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Ajay Kumar Gupta, J.)