Soma @ Soma Maity @ Nandarani Maity v. State Of West Bengal And ANR

27.

27-01-2025 CRM (DB) 3939 of 2024 (ct. no.29) S. De (Rejected) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Soma @ Soma Maity @ Nandarani Maity. ......Petitioner.

Mr. Soumen Kr. Dutta, Mr. Subham Dutta, Mr. Rahul Banerjee, ......for the Petitioner.

Ms. Amita Gour, Mr. Nirupam Dhali, ......for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner renews her prayer for bail which was rejected at least twice earlier, lastly on July 4, 2024. It is true that while rejecting her prayer on the last occasion, this Court had requested the Trial Court to conclude the trial by delivery of judgment within two months from the next date fixed for recording of evidence. It is also true that the trial has not yet concluded.

2. However, we find that examination of witnesses is complete. We have seen the depositions. The witnesses including the victim girl squarely implicate the petitioner. Prima facie it appears that she is the kingpin of a racket involved in transnational trafficking of women.

3. Learned State advocate tells us that February 5, 2025, is the date fixed for argument. Learned advocate for the petitioner, however, says that February 5, 2025 is the date fixed for examination of the accused under Section 313 Cr.P.C. ( Signed By :

SANDIP DE High Court of Calcutta 28 th of January 2025 04:33:45 PM

Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023)

4. Be that as it may, we see that the trial is on the verge of conclusion. We also see that over the last 2 years and 11 months, the prosecution has examined about 25 witnesses. Therefore, it cannot be said that there was inordinate delay in progress of the trial. There is very strong evidence against the petitioner. If convicted, the petitioner may face life sentence.

5. In view of the aforesaid, we are not inclined to allow the petitioner's prayer for bail.

6. CRM (DB) 3939 of 2024 is dismissed.

7. However, considering the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date.

8. Let this order be communicated by the parties to the learned Trial Court below.

9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 28 th of January 2025 04:33:45 PM