Samir Ranjan Das @ Samir v. State Of West Bengal And ANR
05.07.2023 tkm/ct 28 C.R.M. (DB) 2254 of 2023 sl no.118 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kakdwip PS case no. 132 dated 30.06.2019 under sections 363/366/34 IPC.
And In Re : Samir Ranjan Das @ Samir ........ petitioner Mr. Ayan Basu Mr. Sandip Kr. Mandal Mr. Sumit Routh ...... for the petitioner Mr. Saswata Gopal Mukherjee, Ld.PP Mr. Rudradipta Nandy, Ld. APP Mr. Subrata Roy ...... for the State Heard learned lawyers for the parties.
The petitioner is in custody for 464 days. He submits that further investigation with regard to the role of others in the crime is in progress. There is no possibility of trial commencing in the near future. He prays for bail.
Learned lawyer for the State opposes the bail prayer. He submits investigation was handed over to A.H.T.U. and further investigation is in progress to unravel the ramification of the crime. We have considered the materials on record. Victim has been trafficked for sexual exploitation outside the State. Initially case records contained two contradictory statements of the victim. Noticing such dichotomy, further investigation was directed by a specialised agency. Report of the agency clarified the position and the exonerative statement was removed from the records of the case. Further investigation in the organised crime activity involving trafficking of the victim beyond the State is in progress. Materials
collected including the statements of the victim before the Magistrate implicate the petitioner in the crime. Under such circumstances, we do not consider it prudent to enlarge the petition on bail at this stage.
Accordingly, prayer for bail is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)