Biswajit Chakraborty v. State Of West Bengal And ANR

09.02.2024.

29.

Ct.No.28 as (Rejected) C.R.M. (DB) 323 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with New Town P.S. Case No.156 of dated 29.06.2022 under Sections 366A/370/370A/372/109/120B/34 of the Indian Penal Code read with Sections 3/4/5/6/9 of the Immoral Traffic (Prevention) Act and Section 81 of the Juvenile Justice (Care and Protection of Children) Act and Sections 4/5/16/17 of the POCSO Act.

In the matter of : Biswajit Chakraborty.

... Petitioner.

Mr. Sisnigdho bhattacharyya, Ms. Bidisha Chakraborty.

...for the Petitioner.

Ms. Faria Hossain, Ms. Mamata Jana.

...for the State.

Ms. Jhuma Sen, Mr. Dinesh Vishwakarma, Ms. Arpita De, Ms. Sneha Bera.

....for the Victim.

1.

Petitioner is in custody for 590 days. He submits trial is progressing at a slow pace. Accordingly, he prays for bail. 2.

Learned Advocate for the State submits report with regard to the status of trial.

3.

Learned Advocate for the minor victim opposes the bail prayer.

4.

We have considered the materials on record.

Allegations involve trafficking in women including minor for sexual exploitation. Trial has considerably progressed and five witnesses have been examined. Prosecution assures this

Court that the remaining witnesses shall be examined in six months.

5.

Under such circumstances and in view of nature of offence which has far reaching social consequences, we do not wish to release the petitioner on bail at this stage. 6.

Accordingly, the prayer for bail of the petitioner is rejected.

7.

We request the trial court to fix schedules at short intervals and examine the remaining witnesses and conclude the trial preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

8.

Parties shall co-operate with the trial court and communicate this order for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)