Tarapada Maity @ Suraj v. State Of West Bengal And ANR

24.06.2026 Serial no. 5 [G.S.D] CRA (SB) 80 of 2026 In re : Raina PS Case No. 315 of 2022 dated 25.08.2022 u/s 376D/34 of the IPC and u/s 3(1)(e)/3(2)(v) of the SC&ST (Prevention of Atrocities)Act, 1989 passed by the Learned Court of Judge, 1st Special Court, Burdwan cum Additional District and Sessions Judge, 1st Court, Burdwan, Purba Bardhaman.

-AndIn the matter of : Tarapada Maity @ Suraj ... Appellant(s) Mr. Uday Sankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Bidisha Chakraborty ... for the Appellant(s) Mr. Gouranga Kr. Das, ld. APP Mr. Amal Kr. Datta ... for the State-respondent(s) Mr. Samrat Choudhury Mr. Abhijeet Bhattacharya Mr. Arya Sahani ... for the O.P. No.2 Learned advocate for the appellant/petitioner submits that the appellant/petitioner is in custody for three years six months and only 16 witnesses out of the 24 witnesses cited by the prosecution till date have been examined.

However, there was an earlier direction passed by the Hon'ble Division Bench in CRA (DB) 247 of 2024. The said direction was passed on 27.09.2024 to complete the proceeding within a period of one year.

Learned advocate for the defacto-complainant opposes the prayer for bail.

Mr. Gouranga Kumar Das, learned APP, appears on behalf of the State along with a junior of his choice as per the direction of this Court. The appointment of both Mr. Das and the junior of his choice, if any, be regularized by the concerned authority. Learned advocate for the State, on the other hand, submits that 17 witnesses have already been examined and there are seven more witnesses to be examined.

I have taken into account the period of detention of the present petitioner including the evidence of the victim under section 164 of the Cr.P.C.

Having considered that the Judicial Officers were engaged in other administrative works for a considerable period of time, as a matter of last chance, I direct that, in case, the evidence of the prosecution witnesses is not complete within a period of six months inspite of cooperation extended by the present appellant/petitioner (accused), the learned trial court after completion of the aforesaid period will release the appellant/petitioner(accused) on bail on such terms and condition as it deems fit and proper. At this stage, the prayer for bail is Rejected. The learned trial court would abide by the time frame specified above.

Accordingly, CRA (SB) 80 of 2026 is disposed of. Report submitted be kept with the record.

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.)