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Calcutta High CourtCRM (DB)/1149/2023rejected

Anup Mandal v. State Of West Bengal And ANR

2023-03-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

28.03.2023 sdas rejected C.R.M. (DB) No. 1149 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Women Police Station Case No. 152 of 2017 dated 24.07.2017 under Sections 6/14 of the POCSO Act.

And In Re : Anup Mandal ..... petitioner Mr. Arup Kumar Bhowmick ... for the petitioner Mr. S. S. Imam Mr. S. Kundu ... for the State Learned Counsel for the petitioner submits he is in custody for three years. It is also submitted he has been falsely implicated. He prays for bail.

Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record. We have also examined the evidence of the victim. Her deposition shows she was kept confined, administered drugs and raped. In view of the vulnerable status of the victim, delay in lodging FIR appears to be prima facie explained. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage. The application for bail is, thus, rejected.

Trial court is directed to conclude the trial as expeditiously as possible preferably within six months from the

next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)