Calcutta High Court

CRM(M)/1950/2026 of HALIM MONDAL Vs STATE OF WEST BENGAL AND ANR on 28 September 2026

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no. 53 [G.S.Das] Assistant Registrar (Court) CRM (M) 1950 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 Baduria PSCase No. 65 of 2026 dated 08.02.2026 u/s 64(1)/351(2) of the BNS amended

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28.09.2026 Serial no. 53 [G.S.Das] Assistant Registrar (Court)

CRM (M) 1950 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 Baduria PSCase No. 65 of 2026 dated 08.02.2026 u/s 64(1)/351(2) of the BNS amended under section 64(2)(k)/351(2) of the BNS.

-And-

In the matter of : Halim Mondal

… Petitioner(s)

Md. Shahjahan Hossain Ms. S. Sultana Mr. Souvik Shaw

… for the Petitioner(s)

Ms. Rajashree Venket KUndlia Mr. Kuntal Roy

… for the State-respondent(s)

The petitioner is in custody for more than seven and half months; charge-sheet has already been submitted. So far as the prosecution’s case is concerned, the same cannot be trusted in view of the fact that the victim is mentally suffering from illness and has falsely implicated the petitioner in a case of sexual assault. State opposes the prayer for bail. I have taken into account the statement of the victim before the Magistrate, Police as well as the medico-legal examination report.

2 Having regard to the totality of the circumstances, I am of the opinion that there is consistency in the version of the victim. Having regard to the same, without cross- examination of the victim, it would be difficult to release the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected. Accordingly, CRM (M) 1950 of 2026 is dismissed. Pending application(s), if any, is also disposed of. Memo of evidence submitted 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.)

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