Jhantu Biswas And ORS v. State Of West Bengal

11.04.2023 sdas rejected C.R.M. (DB) No. 1193 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baduria Police Station Case No. 815 of 2016 dated 22.11.2016 under Sections 367/368/370(5)/304/315/318/419/420/201/467/468/471/1 20B/34 of the Indian Penal Code read with Sections 75/80/81 of the Juvenile Justice (Care and Protection of Children) Act. And In Re : Jhantu Biswas & Ors. ..... petitioners Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ... for the petitioners Mr. Saswata Gopal Mukherjee, learned PP Mr. Rudradipta Nandy, learned APP Mrs. Sonali Das ... for the State Heard the learned Counsels for the parties.

We have perused the report. Inspite of direction given by us vide order dated 29.03.2023 one of the co-accused prayed for deferment of cross-examination of the prosecution witness. Under such circumstances, we are of the opinion accused persons are indulging in dilatory tactics to prolong the trial. Keeping in mind the nature of the offence involving trafficking of babies and as there are ample evidence implicating the petitioners and possibility of further dilation in trial in the event the petitioners are released on bail, we are not inclined to grant bail to them.

The application for bail is, thus, rejected.

To ensure prompt conclusion of trial we direct the learned Judge-in-Charge to record the evidence of the prosecution witnesses who are produced before the Court till the vacancy is filled up.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)