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Calcutta High CourtCRM (DB)/4483/2023rejected

Abdul Kadar Mondal@Raju@Kader Mondal v. State Of West Bengal And ANR

2024-02-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

22.02.2024 sdas CRM (DB) No. 4483 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sandeshkali Police Station Case No. 72 of 2023 dated 13.05.2023 under Sections 363/365/376(3) of the Indian Penal Code read with Section 6 of the POCSO Act.

And In Re : Abdul Kadar Mondal @ Raju @ Kader Mondal ...... petitioner Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ....for the petitioner Ms. Anasuya Sinha Ms. Mayukhi Mitra .... for the State

1. Learned Counsel for the State submits report. Let the report be placed on record.

2. It appears from the report that appropriate police protection has been given to the victim girl and her family members. She has also been provided a lawyer from the District Legal Service Authority (DLSA), Barasat, North 24-Parganas. Prayer for compensation has been sent to the District Social Welfare and Child Welfare Officer, Barasat, North-24 Parganas, and the Secretary, District Legal Service Authority(DLSA), Barasat, North -24 Parganas.

3. We direct the police authorities to ensure safety and security of the victim girl and her family members.

Concerned authorities shall process the prayer for compensation at the earliest.

4. We have considered the materials on record. Possibility of undue influence on the victim is evident from her hesitant statement before Magistrate. Under such circumstances, we are not inclined to grant bail to the petitioners.

5. Accordingly, the prayer for bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)