Milan Mallick v. The State Of West Bengal And ANR

53.

12.08.2024 Court No.6 (Tanmoy) Rejected CRM (DB) 2538 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Tehatta Police Station Case No. 976/2022, dated 31.10.2022.

And In the matter of: - Milan Mallick ...petitioner.

Mr. Sandip Chakraborty Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Kaustav Das ...for the petitioner.

Mr. Debabrata Chatterjee Ms. Pushpita Saha ...for the State.

1. Learned lawyer for the petitioner contends petitioner is in custody for one year and seven months. He submits allegation of forcible rape is not supported by medical evidence. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the evidence of the victim. She has stated that she was raped by the petitioner. She is a minor. Trial is in progress.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected.

6. We request the Trial Court to conclude the trial at an early date preferably within eight months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of August 2024 11:37:10 AM