Dulal Roy v. The State Of West Bengal And ANR

19.12.2024 Item no.34.

Court No.29.

S. De (Rejected) CRM (DB) No. 3334 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023.

And In the matter of : Dulal Roy.

......Petitioner.

Ms. Tannistha Bandyopadhyay, ......for the Petitioner.

Mr. Saibal Bapuli, APP Mr. Monoranjan Mahato, ......for the State Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for 2 years and 8 months. Only 6 out of 14 chargesheet named witnesses have been examined. He prays for bail on the ground of delay in progress of trial.

2. Opposing the prayer, learned counsel for the State and the de facto complainant tell us that the victim girl, in her deposition, has clearly stated that she was ravished by the petitioner, who was about 50 years old at the time of the incident. The victim girl was about 14 years of age at that time. The victim girl got pregnant. She has delivered a baby.

3. We have seen the deposition of the victim girl. She squarely implicates this petitioner. There is sufficient incriminating evidence against this Signed By :

SANDIP DE High Court of Calcutta 20 th of December 2024 06:05:34 PM

petitioner. If he is convicted, he will have to undergo a minimum mandatory imprisonment of 20 years.

4. Considering the nature and gravity of the alleged offence and the prima facie incriminating material against this petitioner, we are not inclined to allow his prayer for bail at this stage.

5. CRM (DB) 3334 of 2024 is dismissed.

6. Since the petitioner is in incarceration for a long period of time, we direct the learned Trial Court to make all possible efforts to expedite the trial and conclude the same on an early date without granting unnecessary adjournment to either of the parties. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 20 th of December 2024 06:05:34 PM