Calcutta High CourtCRM (DB)/1754/2024rejected

Bishnupada Pramanik And ANR v. State Of West Bengal And ANR

2024-07-09Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

09-07-2024 (ct. no.28) KOLE CRM (DB) 1754 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ganga Sagar Costal Police Station Case No. 107 of 2022 dated 14.09.2022 under Sections 376(D)/376(2)(j)(l)/325/506 of Indian Penal Code. - A n d - In the matter of : Bishnupada Pramanik & Anr. .... Petitioners.

Mr. Supriyo Shasmal, ... For the Petitioners.

Mr. Rudradipta Nandy, Ms. S. Saha, ... For the State.

This is the fourth application filed by the petitioners praying for bail. The last rejection of their prayer for bail was by an order dated July 18, 2023, passed by a Coordinate Bench in CRM (DB) 2841 of 2023. While rejecting their prayer, the coordinate Bench had requested the Judge in charge to record the evidence of the prosecution witness to expedite the trial. The petitioners today say that although one year ago such order for expediting the trial was passed, since then, only two witnesses have been examined. The victim lady has also been examined. He is in custody for one year and ten months. He should be granted bail.

Learned Advocate for the State strongly opposes the prayer for bail. He produces a copy of the deposition of the victim lady recorded by the learned Trial Court. We have gone through the same. The victim girl has directly implicated the petitioners.

In view of the gravity of the offence and the material and evidence on record as of now, we are not inclined to allow the petitioners' prayer for bail.

CRM (DB) 1754 of 2024 is, thus, dismissed.

However, since the petitioners have been in custody for a considerable period of time, we direct the learned Trial Court to expedite the trial to the utmost and conclude the same at an early date and positively within six months from the next date fixed for recording of evidence without granting unnecessary adjournments to either of the parties. Parties are directed to communicate this order to the learned Trial Court.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )