Mangal Mondal @ Mangal Deep Mondal v. State Of West Bengal And ANR

15.01.2024 Item No.14 Ct. No. 29 CHC Rejected C.R.M.(A) 90 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 406/2023 dated 09.11.2023 under Sections 376(3)/506 of the Indian Penal Code and Section 4 of POCSO Act.

And In the matter of : Mangal Mondal @ Mangal Deep Mondal. ...... petitioner Mr. Pradyat Saha ....for the petitioner Mr. Arijit Ganguly, Ms. Ratna Ghosh ....for the State Petitioner prays for anticipatory bail.

The victim is a minor and in her statement recorded under Section 164 of the Criminal Procedure Code implicates the petitioner before us in raping her.

Apparently, the victim did not undergo medical test. However, absence of medical test may not be sufficient to disbelieve the de facto complainant.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 90 of 2024 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)