Avishek Roy @ Abhishek Roy v. State Of West Bengal And ORS.

29.09.2021 C.R.M. 4958 of 2021 tkm/ct 29 (Via Video Conference) sl no. 81 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Jadavpur P.S case no. 550 of 2017 dated 30.11.2017 under section 376D of the IPC read with sections 4/6 of the POCSO Act And In Re : Avishek Roy @ Abhishek Roy ........ petitioner Mr. Rabi Sankar Chattopadhyay Mr. U S Chattopadhyay Mr. S Maji Ms. S. Saha Mr. P Basak Ms. P Shome ...... for the petitioner Ms. Z N Khan Ms. Sreeparna Das ...... for the State Petitioner renews his prayer for bail.

Learned advocate for the petitioner submits that the petitioner is in custody for 1398 days. He draws attention of the Court to the order dated September 27, 2019 which according to the petitioner is the last order of rejection of bail. He submits that there is hardly any progress in the trial.

Learned advocate for the State opposes the prayer for bail and submits that subsequent to the order dated September 27, 2019, pandemic started which prevented expeditious disposal of the trial. He submits that one witness was examined and that the next date for recording evidence is fixed on October 5, 2021. Status report filed in court be taken on record. Considering the fact that there is hardly any change in circumstance subsequent to the earlier order of rejection and

considering the fact that the pandemic interfered with the normal functioning of the Court, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. The court in seisin, however, is requested to expedite the trial.

(Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)