Sanjay Paul@Kalu v. State Of West Bengal

22.

05-08-2021 (ct. no.32) debajyoti CRM 2261 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No.368 of 2018 dated 19-10-2018 under Sections 363/366/376(2)(i)(n)/372/373 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act.

- A n d - In the matter of : Sanjay Paul @ Kalu .... Petitioner.

Mr. Prabir Majumdar ... For the Petitioner.

Mr. Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.

The petitioner has renewed his prayer for bail after his prayer was rejected by a coordinate Bench of this Court. Allegation against the petitioner is under Sections 363/366/376(2)(i)(n)/372/373 of the Indian Penal Code and Section 6 of the POCSO Act. It is submitted that the petitioner is in custody for about 956 days and his further detention is not necessary.

The State opposes the prayer for bail and refers to various documents in the Case Diary including the statement of the victim girl recorded under Section 164 of the Code as well as the medical report of the victim girl. We have considered the material in the Case Diary. We are also informed that witness action is in progress. Considering the material before us, the gravity of the offence and the prima facie involvement of the petitioner therein as also the fact that the prayer of the petitioner for bail was rejected earlier by a coordinate Bench of this Court, we are not inclined to grant bail to the petitioner at this stage.

The application for bail being CRM 2261 of 2021 is, thus, dismissed.

However, in view of the protracted period of detention of the petitioner, we request the learned trial Court to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )