Kamal Kumar Rajoria v. The State Of West Bengal

11.01.2023 tkm/ct 28 C.R.M. (DB) 94 of 2023 sl no.51 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bankura Police Station Case No. 147 of 2021 dated 18.7.2021 under Sections 370(5)(7)/372/373/120B of the IPC read with sections 75/80/81 of the Juvenile Justice (Care and Protection) Act And In Re : Kamal Kumar Rajoria ........ petitioner Mr. Soumik Ganguly ...... for the petitioner Mr. R D Nandy Ms. Sonali Das ...... for the State Petitioner is in custody for 542 days. He submits there is delay in trial. He prays for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Prosecution case involves illegal trafficking of children. Co-accused on bail was a foster parent. Petitioner does not stand on the same footing with the said co-accused. Trial is in progress.

Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. Trial court is directed to conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)