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Calcutta High CourtCRM(DB)/54/2023rejected

Biplab Mondal v. The State Of West Bengal And ANR

2023-02-07Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Rai Chattopadhyay1 pages

AD-33 Ct No.01 Jalpaiguri 07.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (DB) 54 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.01.2023 in connection with Mathabhanga Police Station Case No. 519 of 2022 dated 25.08.2022 under Section 6 of the POCSO Act, 2012, corresponding to POCSO Case No. 36 of 2022.

And In the matter of: Biplab Mondal .... petitioner Mr. Hillol Saha Podder ... for the petitioner Mr. Ujjwal Luksam, Mr. Sagnik Sankar Sikdar ... for the State Learned counsel for the petitioner prays for bail and submits that only the charge-sheet has been submitted but the trial has not yet commenced.

Learned counsel for the State seriously opposes the prayer for bail and submits that the gravity of the offence was serious and the nature of crime was heinous.

The age of the victim girl is only 8 years and, as such, the petitioner ought not to be released on bail at the present juncture. Upon hearing learned counsel, we are convinced that the prayer for bail of the petitioner should be refused. Accordingly, CRM (DB) 54 of 2023 is dismissed. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)