Deb Kumar Das v. The State Of West Bengal And ANR.

15.

25-09-2024 (ct. no.28) debajyoti (rejected) CRM (DB) 2674 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Serampore Police Station Case No.446 of 2021 dated 24-11-2021 under Section 376(3) of the Indian Penal Code read with Section 4 of the Protection Of Children from Sexual Offences Act.

- A n d - In the matter of : Deb Kumar Das .... Petitioner.

Ms. Jeenia Rudra ... For the Petitioner.

Mr. Prasun Kumar Dutta, learned APP, Mr. Mir Anuruzzaman ... For the State.

Dictated by Arijit Banerjee, J.

Service Report filed by the State be taken on record. In spite of service, nobody appears for the defacto complainant.

The petitioner complains of delay in trial. He says that he is in custody for two years ten months. There are some inconsistencies in the evidence of the victim girl. He prays for bail.

The State opposes the prayer for bail. Learned advocate for the State draws our attention to the deposition of Signed By :

DEBAJYOTI DAS High Court of Calcutta 25 th of September 2024 08:20:28 PM

the victim girl. Prima facie, she sufficiently implicates the petitioner.

In any event, the trial is at an advanced stage. We are told that ten out fifteen charge sheet named witnesses have already been examined including all vital witnesses. Hence, we are not inclined to grant bail to the petitioner, at this stage.

However, considering the period of detention of the petitioner, we direct the learned trial Court to expedite the trial and conclude the same at an early date and positively by the end of this year.

The application for bail being CRM (DB) 2674 of 2024 is, thus, dismissed.

Parties shall communicate this order to the learned trial Court forthwith.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 25 th of September 2024 08:20:28 PM