Abutaleb Molla And ANR. v. The State Of West Bengal And ANR.

21.12.2023 sdas rejected C.R.M.(DB) No. 4733 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Minakhan Police Station Case No. 81 of 2022 dated 07.04.2022 under Sections 328/307/376DA/506/120B of the Indian Penal Code and under Sections 06/08 of the POCSO Act.

And In Re : Abutaleb Molla & Anr. .... Petitioners Mr. Imtiaz Ahmed Mr. G. Firdous Mr. M. K. Islam Sk. Saidullah Mr. Mithun Mondal Md. Arsalan ....for the petitioners Ms. Faria Hossain Mr. Aninda Sundar Chatterjee ...... for the State

1. Learned Counsel for the petitioners submits they renew their bail prayer.

2. Learned Counsel for the State opposes the prayer for bail and submits DNA report shows semen from the wearing apparels of the victim matches with the petitioners.

3. We have considered the materials on record. Petitioners do not stand on the same footing with the co-accused who is on bail. Bail prayer of the petitioners was rejected earlier. Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.

4. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)