Dip Chand Naskar @ Dipu Naskar v. The State Of West Bengal And ANR

5.

15-01-2025 (ct. no.29) debajyoti (rejected) CRM (DB) 3066 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baruipur Women Police Station Case No.92 of 2021 dated 25-10-2021 under Section 376(2)(f) of the Indian Penal Code and Sections 6/17 of the Protection of Children from Sexual Offences Act and Sections 5/6 of the Immoral Trafficking Prevention Act.

- A n d - In the matter of : Dip Chand Naskar @ Dipu Naskar .... Petitioner.

Mr. Tapodip Gupta ... For the Petitioner.

Mr. Antarikhya Basu, Ms. Nahid Ahmed ... For the State.

Mr. Debashis Banerjee, Mr. Subrata Saha ... For the defacto complainant.

Dictated by Arijit Banerjee, J.

1. Status report filed on behalf of the State is taken on record.

2. The petitioner says that he is in custody for 3 years 2 months. The last witness was examined in January, 2023. He prays for bail on the ground of delay in progress of trial.

3. Opposing the prayer, learned advocates for the State and the defacto-complainant draw our attention to the deposition of the victim girl. She squarely implicates the Signed By :

DEBAJYOTI DAS High Court of Calcutta 16 th of January 2025 10:14:28 AM

petitioner who is her step father. She describes how she was ravished by the petitioner.

4. Given the nature and gravity of the alleged crime and the overwhelming evidence against the petitioner and keeping in mind that if convicted, the petitioner shall have to undergo minimum imprisonment for 20 years, we are not inclined to allow the petitioner's prayer for bail, at this stage, also noting that the State has submitted that the last prosecution witnesses is scheduled to be examined on February 14, 2025.

5. The application for bail is, thus, dismissed.

6. Considering the long period of detention of the petitioner, we direct the learned trial Court to expedite the trial to the utmost and conclude the same as early as possible.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Ajay Kumar Gupta, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 16 th of January 2025 10:14:28 AM