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Calcutta High CourtCRM (DB)/3431/2023rejected

Sk Mijanur Rahaman @ Mizanur Rahaman v. State Of West Bengal And ANR

2023-09-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

01.09.2023.

27.

Ct.No.28 as (Rejected) C.R.M. (DB) 3431 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bauria P.S. Case No.143 of dated 22.06.2018 under Sections 363/365/376(3) of the Indian Penal Code and Sections 6/8/12 of the POCSO Act.

In the matter of : Sk. Mijanur Rahaman @ Mizanur Rahaman.

... Petitioner.

Mr. Abhijit Kr. Adhya, Mr. Bikash Chowdhury.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...for the State.

1.

Petitioner renews his bail prayer.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Evidence of the minor shows she was trafficked to a different State and subsequently exploited.

4.

Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

6.

Trial court is directed to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

7.

Parties shall communicate this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)