Abhijit Das v. State Of West Bengal

10.02.2021 Item no.19 Court No.28 Avijit Mitra C.R.M.11025 of 2020 (through video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Chandarnagore Police Station Case No.92 of 2018 dated 30.05.2018 under Section 376 of the Indian Penal Code and Sections 5/6 of POCSO Act;

And In Re : Abhijit Das .... petitioner Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ....for the petitioner Ms. Sukanya Bhattacharya, Md. Kutubuddin ...... for the State The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Upon completion of investigation charge sheet has also been filed and as such further detention of the petitioner, who is in custody for more than 635 days, is not necessary.

The learned advocate appearing for the State submits that the trial is at an advanced stage and out of 13 witnesses 11 witnesses have already been examined and further dates have been fixed on 17th April, 2021 and 19th April, 2021. Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, the extent of complicity of the petitioner and the present stage of the trial, we are not inclined to enlarge the petitioner on bail. The application for bail being C.R.M. No.11025 of 2020 is, accordingly, dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)