Manjrish Tripathi v. State Of West Bengal

19.01.2022 tkm/ct 32 C.R.M. 7057 of 2021 sl no. 252 (Via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Howrah GRPS Case no. 187 of 2015 dated 29.12.2015 under section 376(2)(g)/376D/120B of the IPC and sections 4/8 of the POCSO Act And In Re : Manjrish Tripathi ........ petitioner Mr. Sandip Kr. Bhattacharyya ...... for the petitioner Mr. M Sur Mr. D Paramanick ...... for the State Mr. Bhattacharyya, learned advocate appearing for the petitioner submits that the petitioner is languishing in custody for more than six years. He further submits that petitioner has been falsely implicated and the ingredients of section of section 6 of the POCSO Act are not attracted against the petitioner. In the said conspectus, the petitioner may be enlarged on bail on any stringent condition.

Mr. Sur, learned advocate appearing for the State submits upon instruction, that date has been fixed for examination of the accused persons under section 313 of the Code. In view of such stage of the proceedings, no interference is called for. Heard the learned advocates and considered the materials in the case diary. Since examination of all witnesses is over and date has been fixed for examination of the accused under section 313 of the Code on 28.1.2022, we are not inclined to exercise any discretion in favour of the petitioner and as such his prayer for bail is refused at this stage.

The application being CRM 7584 of 2021 is dismissed. However, learned court below is directed to conclude such examination and the arguments as expeditiously as possible preferably with a period of four months from the date of communication of this order.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)