Calcutta High CourtCRM(M)/2593/2025dismissed

Pushpendu Patra @ Raj v. State Of West Bengal And ANR

2025-12-08Hon'Ble Justice Tirthankar Ghosh3 pages

08.12.2025 Serial no. 46 [G.S.D] CRM (M) 2593 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Barasat Government Railway Police Station Case No. 04 of 2024 dt. 27.01.2024 u/s 363A/370/372/34 of the IPC.

-AndIn the matter of : Pushpendu Patra @ Raj ... ... Petitioner(s) Mr. Dattatreya Dutta Mr. Dibakar Sardar ... for the Petitioner(s) Mr. Bibaswan Bhattacharyya Mr. Sufi Kamal ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for 669 days and there has been no progress in the present case. Learned advocate also submits that similarly placed accused persons have already been granted bail and the petitioner is unnecessarily languishing in jail.

Learned advocate for the State has produced the case diary and refers to the statement under section 164 of the Cr.P.C. of the victim. The identification of the present petitioner in the TI parade further reflects that the petitioner was acting in the chain of handing over the girls as well as keeping the girls when they were trafficked from Bangladesh to India.

Having considered the specific role of the present petitioner in the alleged offence, I am not inclined to enlarge the petitioner on bail.

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

However, State is directed to take steps for splitting up of the trial and commencing the case.

Needless to state that prosecution must know that for an indefinite period, the petitioner cannot be detained behind the Bar.

The petitioner would be at liberty to renew his prayer for bail at the appropriate stage.

Accordingly, CRM(M) 2593 of 2025 is dismissed. Pending application(s), if any, is also disposed of. 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 copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)