Biswadeb Kundu @ Viswadev Kundu v. State Of West Bengal And ANR
27.09.2022 tkm/ct 28 C.R.M. (DB) 3260 of 2022 sl no. 33 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Balagarh PS case no. 100/2022 dated 25.3.2022 under section 376(2)(c) IPC and sections 4 and 6 of the POCSO Act And In Re : Biswadeb Kundu @ Viswadev Kundu ........ petitioner Mr. Sanat Kr. Das Mr. Sujan Chatterjee ...... for the petitioner Mr. Sudip Ghosh Mr. A K Datta ...... for the State Petitioner is in custody for 186 days. He prays for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the evidence of the victim girl. She states she was administered deleterious substance. She lost her senses and was ravished by the petitioner. Videograph of the incident was also uploaded on the social media.
In view of the aforesaid incriminating materials and as trial is in progress, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. Trial court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournments to either of the parties.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)