Agnivesh Dutta v. State Of West Bengal And ANR

02.01.2024 tkm/ct 28 C.R.M. (DB) 2609 of 2022 sl no.62 In Re : An application under section 439(2) read with section 482 of the Code of Criminal Procedure And In Re : Agnivesh Dutta ..... petitioner Mr. S Basu Roy Chowdhury Mr. Tapas Paul ...... for the petitioner Mr. Arindam Sen Mr. Saurav Basu Mr. A Bera ...... for the OP no. 2 Mr. N Ahmed Mr. Abhra Mukherjee Ms. Manisha Sharma ...... for the State

1. Order dated 11.5.2022 granting bail to opposite party no. 2 in an offence of sex trafficking has been assailed.

2. Learned lawyer for the petitioner submits that court below had not considered the gravity of offence. He prays for cancellation of bail.

3. In terms of our earlier direction, State submits report with regard to status of the proceeding.

4. We have heard learned lawyer for the parties. We have also perused the report submitted by the State. Report states that the deposition of the victim is complete. Pre-trial detention is for the purpose of investigation and ensuring protection of vulnerable witness. Victim i.e vulnerable witness has already been examined. Though we are of the opinion that the order granting bail is not happily worded in light of the progress in

the matter i.e. examination of the victim girl having already concluded, we find no reason to cancel the bail of opposite party no. 2.

5. We request the trial court to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence.

6. All parties including opposite party no. 2 shall co-operate with the trial court in the matter.

7. In the event opposite party no. 2 fail to do so, it shall be open to the petitioner to renew his prayer for cancellation of bail. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)