Gopal Saha @ Lambu v. The State Of West Bengal

55.

07.03.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 274 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Sealdah GRPS Case No.75/2024 dated 09.5.2024.

And In the matter of: - GOPAL SAHA @ LAMBU ...petitioner.

Mr. Aniruddha Bhattacharyya Ms. Anuska Bose Ms. Rai Das Mr. Uttam Mukherjee ...for the petitioner.

Mr. Sardar Sahin Imam Mr. Anindya Sundar Chatterjee ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for six months. He has been falsely implicated. At the highest he allegedly accompanied the victim Bangladeshi girl to the hotel. He is not involved in trafficking which is the offence alleged in this case. His custody trial is not necessary. He prays for bail.

2. Opposing the prayer for bail, learned State Counsel tells us that the petitioner has been identified in the Test Identification (T.I.) Parade. There is sufficient incriminating material against him. He is very much a part of the trafficking racket. Witness action has already started. The trial is in progress.

3. We have considered the material on record. Prima facie there is adequate incriminating material against this petitioner.

Trafficking is a serious social menace which needs to be curbed with iron hands.

4. In view of the above, we are not inclined to entertain the petitioner's prayer for bail, at this stage. The prayer for bail is rejected.

5. The application being CRM (DB) 274 of 2025 is accordingly dismissed.

6. However, considering the period of detention of the petitioner in custody, we request the learned Trial Court to expedite the trial to the extent possible and conclude the same on an early date.

7. Parties to communicate this order to the learned Trial Court. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)