Calcutta High Court
CRM(M)/1523/2026 of MENA DAPHUBEN DILIPBHAI Vs STATE OF WEST BENGAL AND ORS. on 5 October 2026
no. 56 [G.S.Das] Assistant Registrar (Court) CRM (M) 1523 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Raina PSCase No. 379 of 2023 dated 17.08.2023 u/s 120B read with sections
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05.10.2026 Serial no. 56 [G.S.Das] Assistant Registrar (Court)
CRM (M) 1523 of 2026
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Raina PSCase No. 379 of 2023 dated 17.08.2023 u/s 120B read with sections 363/365/366/368/370/370A/376(3) of the IPC and section 4 and 6 of the POCSO Act and Setions 9 and 10 of the Prohibition of Child Marriage Act and section 3(2)(v) of the SC and ST (PoA) Act.
-And-
In the matter of : Mena Daphuben Dilipbhai
… Petitioner(s)
Ms. Afreen Begum Mr. Dip Dutta
… for the Petitioner(s)
Mr. Rajendra Banerjee, ld. APP Ms. Priti Kar Bagchi
… for the State-respondent(s) Mr. Amajit De
… for the CBI, Spl. PP
Learned advocate for the petitioner submits that the petitioner is a lady and is aged about 47 years having children. The petitioner has been foisted and detained in the present criminal case. Learned advocate claims that the petitioner is innocent and has no knowledge regarding the incident. According to the learned advocate, even the victim’s evidence do not inspire any confidence so far the complicity of the present petitioner is concerned, as such, she may be released on bail on any stringent conditions. CBI opposes the prayer for bail and submits that it was only after the CBI was entrusted with the investigation, the victim was recovered from Rajashtan. So far as the evidence of the victim is concerned, it reflects that she was detained at her house only and another accused ravished her in the said house continuously. Having considered the overall circumstances; the gravity of the offence as also the fact that the minor was recovered after almost two years and nine witnesses have been examined, I am not inclined to grant bail to the present petitioner. Hence, the prayer for bail of the petitioner is Rejected. Accordingly, CRM (M) 1523 of 2026 is dismissed. Pending application(s), if any, is also disposed of. Written report submitted by the CBI be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)