Sirajul Biswas v. State Of West Bengal

13.07.2022 Sl. No.24 akd [Rejected] C. R. M. (DB) 2260 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.07.2022 in connection with Eco Park Police Station Case No. 222 of 2020 dated 05.12.2020 under Sections 376D/342/506 of the Indian Penal Code read with Section 6 of the POCSO Act and charge sheet submitted under Sections 376D/342/506/201/34/120B of the Indian Penal Code. And In Re: Sirajul Biswas ... ... Petitioner Mr. Angshuman Chakraborty ... ... for the petitioner Mr. Swapan Banerjee Mr. A. Basu Mrs. Purnima Ghosh ... ... for the State Petitioner renews his prayer for bail.

It is submitted on behalf of the petitioner there is slow progress in the trial of the case.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record including statement of the minor victim implicating the petitioner in the crime. His prayer for bail was rejected earlier. In view of the aforesaid facts and gravity of the offence, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

Keeping in mind the protracted period of detention suffered by the petitioner, we direct the trial court to conclude the trial at an early date preferably within six months from the next date fixed for recording evidence keeping in mind the statutory mandate under Section 35(2) of the POCSO Act.

Department is directed to communicate a copy of this order to the trial court for necessary compliance.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)