Nidhir Das v. State Of West Bengal

03.02.2021 Sl. No.12 Court No.9 BM CRM 1182 of 2021 Nidhir Das Vs.

The State of West Bengal Mr. Ankit Agarwala Mr. Subir Debnath Ms. Roma Roy ... for the petitioner Mrs. Sukanya Bhattacharjee Mr. Nirupam Dhali .... for the State The learned advocate for the petitioner accused submits for enlarging the petitioner on bail on any condition. It is submitted that the petitioner is a heart patient and has suffered a heart attack and had stent in his heart, he is in custody for last 96 days as he was arrested on 29.06.2019 under Section 8 of the POCSO Act. It is also submitted that he was entitled to statutory bail as charge sheet was not submitted within the statutory period. Contrary submission is by learned advocate for the State inviting my attention to the statement of the victims placed in the case diary.

It is submitted that the charge sheet was submitted on 19th January, 2021 within the statutory period. Having heard rival contention and in consideration of the statements of the victims, prayer for bail is considered but is rejected. However, learned Special Judge, POCSO Act, is to see that the case is taken up for trial as expeditiously as possible. The application for bail is rejected and CRM 1182 of 2021 is disposed of.

( Shivakant Prasad, J.)