Puja Saha Sardar Alias Puja Sada Sardar v. State Of West Bengal And ANR
15.05.2025 Item No.06.
Daily List Court No.39 Mithun (Rejected)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 338 of 2025 In re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of Bharatiya Nagarik Surakasha Sanhita, 2023 in connection with SPL St No.02(07)24/Special Case No.317/2023 arising out of Patuli Police Station DD Case No.232/23 dated 12.10.2023 under sections 370A/372/373/120B of the Indian Penal Code and section 04/17 of the Protection of Children from Sexual Offences Act and Sections 5/6/7 of the Immoral Traffic Prevention Act.
-AndIn the matter of : Puja Saha Sardar alias Puja Sada Sardar ... Petitioner Mr. Angshuman Chakrarborty, Mr. S.S.Saha ...for the petitioner Ms. Jhuma Sen, Ms. Swastika Chatterjee, Mr. Dinesh Vishwakarma ...for the victim girl Mr. Madhusudhan Sur, Ld.A.P.P., Ms. Baishakhi Chatterjee ... ...For the State State files a status report which is taken on record. Learned Advocate for the petitioner submits that he is in custody for more than one year without there being progress in trial. He seeks for enlargement of the petitioner on bail. Learned Advocate for the State submits that on 20th September, 2024 the bail prayer of this petitioner was rejected by the Hon'ble Division Bench in CRM(DB) 2006 of 2024. The trial of the case is going on and the victim girl has already been
examined and 12th June, 2025 is fixed for further evidence of the complainant. There are serious incriminating materials against the petitioner. He seeks for dismissal of the application. Learned Advocate for the de facto complainant submits that successive applications are being filed on behalf of the petitioner without there being any change in circumstances. As per direction of this Court, the witnesses are being produced and trial is in progress. However, on two occasions due to technical glitches, the evidence could not be recorded. The victim clearly implicates the petitioner of her involvement in the alleged offence. She also indicates that taking into consideration the deposition of the victim girl, the bail prayer of the petitioner was rejected by the Hon'ble Division Bench on 29th August, 2024. No new circumstances has cropped up for consideration of bail prayer of the petitioner. She seeks for dismissal of the bail application.
Perused the case diary and materials on record. The victim implicates the petitioner in her deposition in Court. By order dated 29th August, 2024 upon considering the deposition of the victim girl, the bail prayer of this petitioner was rejected in CRM(DB) 2006 of 2024. No new circumstances has been indicated on behalf of the petitioner. Considering the above materials and nature and gravity of the offence, I am not inclined to enlarge the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is rejected. Learned Trial Court is directed to expedite the trial to the fullest extent and conclude the same at an early date.
The application for bail being CRM(M) 338 of 2025 stands dismissed.
(Bivas Pattanayak, J.)