Samir Das v. The State Of West Bengal And ANR.

15.01.2024 tkm/ct 28 C.R.M. (DB) 4621 of 2023 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bidhannagar East PS case no. 5 of 2020 dated 15.1..2020 under sections 376(2)(i) IPC and section 6/12 of the POCSO Act And In Re : Samir Das ....petitioner Mr. S Bhattacharyya Mr. S R Sarkar Ms. Bidisha Chakraborty ...... for the petitioner Mr. Binay Panda Mr. M F ABegg ...... for the State

1. Petitioner is in custody for four years. He submits there is delay in trial. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer and submits report.

3. We have considered the materials on record. Allegations involve rape of a minor. Report shows that last prosecution witness is being examined. In view of the matured stage of the proceeding we are not inclined to grant bail to the petitioner at this stage.

4. Accordingly, prayer for bail is rejected.

5. Trial court is requested to conclude the trial within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)