Saha Alam v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 24-11-2020 k.b/b.r.

Item no.06 Bail rejected Crt.11 C.R.M 7887 of 2020 Saha Alam -vsThe State of West Bengal (Via video conference) In Re: An application for bail under Section 439 Cr.P.C in connection with Gurap P.S. Case No. 65 of 2020 dated 31.05.2020 under Sections 376AB, 376 (2) (n), 354A (i) (ii) of the Indian Penal Code, 1860 read with Sections 6,12 of the POCSO Act, 2012.

Ms. Minoti Gomes Mr. Partha Sarathi Das ...for the petitioner. Ms. Faria Hossain Ms. Baisali Basu ... for the State. The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The grievance of the learned Advocate for the petitioner is that although the case is fixed by the learned Trial Court, but there has been slow progress of the case and the present petitioner is unnecessarily be detained.

Learned Advocate appearing for the State draws the attention of this Court to the statement of the victim under Section 164 of the Code of Criminal Procedure.

We have perused the materials on record including the

statement of the victim and having considered the same, we are of the opinion that the present petitioner at this stage cannot be released on bail.

Accordingly, the prayer for bail of the petitioner is rejected. However, learned Trial Court is directed to take all efforts for expeditious progress with the trial of the case and conclude the same within a reasonable period of time.

With the aforesaid observation, the application for bail, being CRM No. 7887 of 2020 is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. [Tirthankar Ghosh, J.] [Subrata Talukdar, J.]