Nur Alam Khan v. State Of West Bengal

34.

10.03.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 445 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 Dholahat P.S. Case No.411/2021 dated 17.10.2021.

And In the matter of: - NUR ALAM KHAN ...petitioner.

Mr. Arnab Chatterjee Mr. Dipankar Guha ...for the petitioner.

Mr. Bibaswan Bhattacharyya Ms. Rajnandini Das ...for the State.

Dictated by Arijit Banerjee, J.

1. Service report and status report filed by the State be kept with the records.

2. In spite of service, nobody appears for the de facto complainant/victim girl.

3. The charge is serious. Five victim girls are involved. The allegation is that one of the victim girls has also been raped by this petitioner.

4. The petitioner complains that he is in custody for more than three years and three months. Since June, 2024, no witness has been examined.

5. We find from the status report filed by the State that the defence Counsel has filed an application for recall of the victim girls for further cross-examination. The prosecution proposes to examine five more witnesses who are formal in nature. The report indicates that the trial should conclude within the next six months.

6. In view of the overwhelming incriminating material against the petitioner and considering the gravity and nature of the alleged crime, we are not inclined to enlarge the petitioner on bail, at this stage. The prayer for bail is rejected

7. The application being CRM (DB) 445 of 2025 is accordingly dismissed.

8. However, considering the period of detention of the petitioner in judicial custody and noting that the State says that the trial should conclude within six months from date, we direct the learned Trial Court to expedite the trial to the fullest extent and conclude the same on an early date, without granting unnecessary adjournment to either of the parties and if necessary, by fixing frequent schedules of 2/3 dates each for examination of witnesses.

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