Golam Mamud @ Golam Masud @ Golam Masud Md v. The State Of West Bengal And ANR
IN THE HIGH COURT AT CALCUTTA
IN THE CIRCUIT BENCH AT JALPAIGURI
CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE 22.04.2025 (ct. no.03) BR CRM (M) 16 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023.
And In the matter of : Golam Mamud @ Golam Masud @ Golam Masud Md .... Petitioner.
Mr. Saikat Chatterjee, Ms. Purbasha Sarkar Ms. Payal Hansania ... For the Petitioner Mr. Nilay Chakraborty,Ld.APP Mr. Kallol Sikdar ... for the State.
Mr. Ananda Paul .... For the de facto complainant 1.
Affidavit of service filed by the petitioner be kept with the record.
2.
The prayer for bail in the present case arises out of an order dated 6th March, 2025 passed by learned Court of Additional Sessions Judge, Special Court (under POCSO Act), 2nd Court, Jalpaiguri (in Sessions POCSO Case No. 03 of 2025) relating to Jalpaiguri Women Police Station Case No. 08 of 2025 dated 08.02.2025, under Sections 04 of POCSO Act 2012 r/w Section 351(2) of BNS. 3.
The de facto complainant is being represented in the present case. On being served the learned counsel for the de facto complainant has placed an information slip before the Court to show that five witnesses have already
been examined in the present case and the next date fixed for evidence is on 23.4.2025/24.4.2025. 4.
The prosecution case in short is that the victim girl aged about 13 years, who used to go to her school in the toto rickshaw of the petitioner/accused was allegedly taken by him on 21.1.2025 to the place of occurrence, where on being given a chocolate by the petitioner, the victim become semi unconscious and was raped by the petitioner herein.
5.
The petitioner allegedly threatened to kill her and her family and subsequently gave a pregnancy kit to the victim which was found by her mother and at that time the victim narrated the incident to her mother. 6.
The State has placed the case diary and on perusal of the materials on record in the case diary which includes the medical report of the victim girl, it appears that the victim has narrated the exact facts as stated by her before her mother to the medical officer also. 7.
Considering the nature of offence, the medical report and the stage of trial, this Court is not inclined to grant bail to the accused/petitioner herein in view of the heinous nature of crime and prima facie materials on record. 8.
Prayer for bail thus stands rejected.
9.
CRM 16(M) of 2025 stands disposed of.
10.
Urgent certified website copy of this Order, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.
(Shampa Dutt (Paul), J.)