Dinesh Biswas @ Sing v. State Of West Bengal And ANR

01.05.2025 Item no.2 Court No.39 srm (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 139 of 2025 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 439 of the Criminal Procedure Code, 1973 in connection with Nakashipara Police Station Case No.1094/2023 dated 23.12.2023 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 pending before Learned Special Judge (under POCSO Act) Krishnanagar, Nadia;

And In Re : Dinesh Biswas @ Sing .... Petitioner Mr. Sumanta Das, Mr. Avilash Tripathi ...for the Petitioner.

Mr. Rana Mukherjee, Md. Ejaz Akhtar ... for the State.

Service report filed by the State is taken on record. Despite service, none appears on behalf of the de facto complainant.

Learned Advocate for the petitioner submits that petitioner is in custody for one year four months without considerable progress in trial. There are no incriminating materials against the petitioner. He seeks for enlargement of the petitioner on bail. Opposing such prayer for bail, learned Advocate for the State submits that as per the statement of the victim there are specific allegations against the petitioner of forcible sexual intercourse resulting in pregnancy of the victim. He seeks for dismissal of the application.

Perused the case diary and the materials on record. The victim in her statement before the Magistrate has clearly implicated this petitioner of forcible sexual intercourse. The victim became pregnant. Considering such materials and the nature and gravity of the offence, I am not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. However, the learned Trial Court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournments.

Parties are directed to cooperate in the trial for examination of the witnesses.

The application for bail being CRM (M) 139 of 2025 stands dismissed.

(Bivas Pattanayak, J.)