Mousami Dam @ Monika v. State Of West Bengal And ANR

D/L34 16.12.2025 C.R.M. (M) 2553 of 2025 Bpg.

In Re: An application for Bail under Section 439 of the Code of Criminal Procedure read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Jagaddal Police Station Case No.323/2023 dated 10.08.2023 under Sections 366A/370/370A/372/373 of the Indian Penal Code and 3/4/5/6/7 of immoral Traffic (Prevention) Act, 1956 and 6/17/21 of the POCSO Act;

Mousami Dam @ Monika.

Versus

The State of West Bengal & Anr.

Mr. Anjan Bhattacharya Ms. Anita Shaw.

...for the petitioner.

Ms. Rituparna De Ghose Mr. Kaustav Banerjee.

...for the State.

Affidavit-of-service filed by the petitioner be kept with the record.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 21⁄2 years and till date out of 27 witnesses relied upon by the prosecution in the charge-sheet only 1 witness has been examined. As such, on any stringent conditions, the petitioner may be released on bail.

Learned advocate for the State has produced the case diary and drawn the attention of the Court to the statement under Section 164 of the Code of Criminal Procedure of the victim girl. I find from the materials available in the case diary that the name of the petitioner is appearing and she is thickly connected

with the alleged offence, as such, I am not inclined to release the petitioner on bail.

Consequently, CRM(M) 2553 of 2025 is dismissed. Report submitted by the State be kept with the record. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)