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2026 DAILYLAW 26735 (CAL)

JHANTU MONDAL v. STATE OF WEST BENGAL AND ANR

CRM(M)/1120/2026 · 2026-07-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 Court No.35. D/L.268. Rakib (Rejected) CRM (M) 1120 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Malda Police Station case no. 517 of 2024 dated 24.07.2024 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Jhantu Mondal ……Petitioner. Mr. Md. Abdur Rakib Mr. Mojahid Mehedi .....for the Petitioner. Mr. Dr. Pradip Banerjee Ms. Priti Kar Bagchi ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for one year ten months and the victim being a consenting party has left on her own will. Learned advocate has also relied upon the evidence of the victim to emphasis and advance his case for bail. Learned advocate appearing for the State opposes the prayer for bail. I have taken into account the evidence of the victim. Victim do not support the factum of any consent rather it has been stated categorically that she was forced by the accused and he had forcibly also married her. At the relevant point of time the age of the victim was about 13 years. 2 Having considered the fact that the accused is of 28 years and the victim was a minor at the relevant point of time, I am of the opinion that this is not a fit case for granting bail to the petitioner. As such, the prayer for bail of the petitioner in CRM (M) 1120 of 2026 is dismissed. Learned trial Court would expedite the trial. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)