Pradip Banerjee v. State Of West Bengal

15.03.2023.

12.

Ct.No.28 as (Rejected) C.R.M. (DB) 541 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gariahat P.S. Case No.176 of dated 18.10.2016 under Sections 366A/120B/370/372/373 of the Indian Penal Code and Sections 3/4/5/6/7 of the Immoral Traffic (Prevention) Act. In the matter of : Pradip Banerjee.

... Petitioner.

Mr. Deepak Prahladka, Ms. Reshmi Khatun.

...for the Petitioner.

Mr. Sudip Ghosh, Mr. Apurba Kr. Datta.

...for the State.

Petitioner is in custody for more than six years. He submits there is no material adduced against him. Learned Advocate for the State opposes the bail prayer. He submits trial is at its fag end. Date has been fixed for examination of the petitioner under Section 313 of the Code of Criminal Procedure.

We have considered the materials on record. Petitioner is in custody for a protracted period of time. He does not stand on the same footing with the co-accuseds who are on bail. Trial is at its fag end.

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

We request the trial court to conclude the trial positively within three months from the next date fixed before it without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)