Moni @ Muni Gopal Das v. The State Of West Bengal And ANR

21.02.2025 Court No.26 S.D.

Rejected CRM (DB) 4375 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Women Police Station Case No. 161 of 2020 dated 28.10.2020 under Sections 363/365/376 of the Indian Penal Code, 1860 read with Sections 4 and 18 of the Protection of Children from Sexual Offences Act, 2012.

-AndIn the matter of: Moni @ Muni Gopal Das ... ... Petitioner Mr. Sabir Ahmed Mr. Hillol Saha Mr. Arpan Saha ... ... For the Petitioner Ms. Zareen N Khan Mr. T. Dhali ... ...For the State Petitioner is in custody for 4 years and 3 months. Trial is in progress. Out of 11 prosecution witnesses, 7 were examined.

Trial is with regard to penetrative sexual assault on two minors. Both the victims deposed. We were invited to appraise the evidence of the two victims at the trial at the behest of the petitioner, which we did.

To our mind, on appreciation of the evidence led at the trial, it cannot be said that the petitioner does not stand implicated.

In such circumstances, we are not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is rejected.

The application being C.R.M. (DB) 4375 of 2024 stands dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)