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Calcutta High CourtCRM (DB)/4618/2022rejected

Rajesh Mandal v. State Of West Bengal

2023-01-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

20.01.2023 Sl. No.17 akd [Rejected] C. R. M. (DB) 4618 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.12.2022 in connection with Mothabari Police Station Case No.71 of 2022 dated 24.02.2022 under Sections 363/365/368 of the Indian Penal Code, Section 6 of the POCSO Act and Section 9 of the Child Marriage Act.

And In Re: Rajesh Mandal ... ... Petitioner Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... ... for the petitioner Mr. Iqbal Kabir ... ... for the State Affidavit-of-service filed in court today be kept with the record. Report is placed on record. From the report it appears survivor has been notified.

Nobody appears for the survivor.

We have considered the materials on record. Statement of the minor shows she was forcibly kidnapped and ravished. In view of the aforesaid materials and as vulnerable witness is yet to be examined, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)