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Calcutta High CourtCRM/7909/2020rejected

Asadul Golder @ A-Shadul Goldar @ Mithun v. State Of West Bengal

2020-10-16Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Subhasis Dasgupta2 pages

16.10.2020 Item no. 28 Ct.11 CHC Rejected C.R.M. No.7909 of 2020 C.R.A.N.1 of 2020 (Physical Hearing) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Matia Police Station Case No. 298 of 2019 dated 28.08.2019 under Sections 372/120B of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage Act.

And In the matter of:- Asadul Golder @ A-shadul Goldar @ Mithun ... Petitioner Mr. Satadru Lahiri .. for the petitioner Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Arani Bhattacharyya ..for the State It is submitted by the learned advocate for the petitioner that failure of the petitioner to provide the victim a lavish life prompted the victim complainant to institute a false case against the petitioner.

Learned advocate, Mr. Bapuli representing the State submits that a minor girl after marriage was forced to sexual exploitation by way of trafficking of woman.

Our attention is drawn to the statement of the victim recorded under Section 164 of the Cr.P.C.

Having considered the materials already collected in the case record and the submissions made in context with the allegation and in particular, the statement of the victim recorded under Section 164 Cr.P.C. revealing involvement of the petitioner in the alleged offence, we are inclined to grant bail to the petitioner. The prayer for bail is refused.

Criminal Misc. Case being CRM 7909 of 2020 and CRAN 1 of 2020 are disposed of.

Let there be a direction as regards expeditious commencement of the trial.

(Subhasis Dasgupta, J.) (Subrata Talukdar, J.)