Sk Ainul@ Aliun Sk@ Ailun Sk v. State Of West Bengal And ANR

09.10.2023 Serial no. 5 [G.S.D] CRM (SB) 191 of 2023 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No. 142 of 2023 dated 08.03.2023 under Section 8 of the POCSO Act. -AndIn the matter of : Sk Ainul @ Aliun Sk @ Ailun Sk ... Petitioner Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick Md. Sontu Mia ... For the Petitioner Mr. S. S. Imam Mr. S. Kundu ... For the State Ld. Advocate for the petitioner submits that as the petitioner is in custody for 41 days and charge-sheet has been submitted in connection with the instant case, further detention of the petitioner may not be warranted. Ld. advocate for the State produced the case diary.

The records of the case reflects that the case commenced in the month of March, 2023 and charge-sheet was submitted in the month of May, 2023. The petitioner was absconding throughout the period of investigation and surrendered after the warrant of arrest was issued against him. Be that as it may, having regard to the conduct of the present petitioner, I am not inclined to release the petitioner on bail, at this stage.

Hence, the prayer for bail of the petitioner is Rejected.

However, the ld. trial Court is directed to consider the charges on the next date so fixed.

The petitioner is granted liberty to approach this Court after the evidence of the victim girl, being CSW 6, is over. The ld. trial court is directed to fix the evidence of CSW 6 within a period of 15 days from the date of framing of the charges.

With the aforesaid observations, CRM (SB) 191 of 2023 is dismissed.

Pending application, if any, is also dismissed. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copyof this order order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)