Ananta Sardar v. State Of West Bengal

08.10.2020 SL No.06 Court No.10 (am) CRM 6915 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Canning Police Station Case No.407 of 2019 dated 24.07.2019 under Sections 376(D)/376(2)(j) of the Indian Penal Code.

And In the matter of: Ananta Sardar ....Petitioner.

Mr. Sanjib Bandyopadhyay, Mr. Ashok Kr. Singh ...for the Petitioner Mr. Arijit Ganguly, Mr. Sanjib Dan ...for the State The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

Learned counsel appearing on behalf of the petitioner submits that he has been falsely implicated in this case. It is submitted that the contents of the letter of complaint is false and fabricated and there was no basis to implicate the petitioner in the commission of the offence.

Learned counsel appearing on behalf of the State opposes the prayer for bail and it is submitted that a heinous crime has been committed by outraging the modesty of a deaf and dumb lady.

Considering the materials on record and the prima facie involvement of the petitioner in the commission of the offence as disclosed from the case diary, we are not inclined to release the petitioner on bail at this stage.

However, we direct Learned Additional Sessions Judge, Fast Track 4th Court, Alipore, South 24 Parganas to take necessary steps to consider the issue of framing of charge at the earliest and in the event such charge is framed to conclude the trial as expeditiously as possible preferably within one year from the date of framing of charge without granting unnecessary adjournment to either of the parties.

The application for bail being CRM 6915 of 2020 is rejected. All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)