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Calcutta High CourtCRM (DB)/227/2023rejected

Dipta Gayali v. Central Bureau Of Investigation And ANR

2023-04-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

05.04.2023.

33.

Ct.No.28 as (Rejected) C.R.M. (DB) 227 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P. S. Case No.327 of 2022 dated 10.04.2022 which has been reregistered as CBI Case No. RC0562022S0011 dated 14.03.2022 under Sections 376D/302/201/34 of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Dipta Gayali.

... Petitioner.

Mr. Ayan Basu, Mr. Asraf Mondal, Mr. Sumit Routh.

...for the Petitioner.

Mr. Dhiraj Trivedi, ld. DSGI, Mr. Amajit De, Spl. P.P.

...for the State.

Heard the learned Advocates for the parties.

Examination of the vital witnesses viz., mother (CSW1 i.e. PW1), father (CSW2 i.e. PW2) and cousin (CSW4) of the deceased girl is in progress.

In view of the delicate stage of the trial, we do not wish to consider the bail application at this stage.

Petitioner is at liberty to renew the bail application after examination of the said witnesses.

With this observation, application is rejected. Trial court is requested to conclude the examination of the aforesaid witnesses in the course of one schedule as far as practicable and positively within two months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate this order to the trial court for due compliance.

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