Sumanta Rong @ Nera v. State Of West Bengal

23.02.2021 tkm/ct 28 C.R.M. 11112 of 2020 sl no. 25 (Through video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Indus P.S case no. 145/2020 dated 21.9.2020 under sections 363/365/34 IPC and adding section 4 of the POCSO Act And In Re : Sumanta Rong @ Nera ........ petitioner Mr. Moloy Bhattacharyya Mr. S Ghosh ...... for the petitioner Mr. T K Ghosh Mr. Arindam Sen ...... for the State Mr. Arindam Jana Mr. S Chatterjee ...... for the de facto complainant Learned advocate for the de facto complainant submits that he has no objection if the bail is granted but he is not willing to withdraw the allegation.

Learned advocate for the petitioner submits that the petitioner is in custody for 153 days and investigation of the case has already been concluded as such further detention of the petitioner is unwarranted.

Learned advocate for the State opposes the prayer for bail and draws our attention to the earlier order passed by a coordinate Bench of this court on 5.11.2020 in CRM 8856 of 2020. We have considered the case diary and other materials on record including the earlier order passed by a co-ordinate Bench of this court.

Having regard to the earlier order passed, we find there are no change in circumstances as such the prayer for bail of the petitioner is rejected.

However, learned trial court is directed to take steps for expediting the examination of the victim at the earliest. With the above observations, CRM 11112 of 2020 is disposed of.

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