Nirmal Sarkar v. The State Of West Bengal

14.11.2024 Sl. No.90 akd [Rejected] C. R. M. (DB) 3749 of 2024 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 06.11.2024 in connection with Jiaganj Police Station Case No.30 of 2024 dated 08.02.2024 under Sections 363/365/34 of the Indian Penal Code. (G.R. Case No.443 of 2024) And In Re: Nirmal Sarkar ... ... Petitioner Mr. Navanil De Mr. Shoumilya Majumder ... ... for the petitioner Mr. Debasis Roy .. ld. Public Prosecutor Mr. Arijit Ganguly Mr. Kaushik Kundu ... ... for the State 1.

It is submitted on behalf of the petitioner that he is in custody for about 38 days. Accordingly, he prays for bail. 2.

Learned Advocate for the State opposes the prayer for bail and submits victim is yet to be recovered.

3.

We have considered the materials on record. Victim is yet to be recovered. Under such circumstances, we do not consider it prudent to enlarge the petitioner on bail at this stage. 4.

The application for bail is thus rejected.

5.

However, in view of the quality of investigation conducted by the Investigating Agency, we direct the investigation to be conducted by a superior officer attached to the Anti Human Trafficking Unit (AHU). 6.

Parties shall communicate a copy of this order to the ADG, CID for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 19 th of November 2024 05:15:19 PM

Signed By : ARUP KUMAR DAS High Court of Calcutta 19 th of November 2024 05:15:19 PM