Lalit Toppo v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 27.02.2023. C.R.M. (DB) 93 of 2023 103/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malbazar P.S case no.379 of 2019 dated 24.10.2019 under sections 376AB/326 of the IPC read with section 6 of the POCSO Act. In the matter of : Lalit Toppo ... Petitioner Mr. J K Bhowmik Mr. S Bhowmik Ms. R Sarkar ...for the Petitioner Mr. Aditi Shankar Chakraborty Mr. K Nag ...for the State.

Petitioner is in custody for more than three years. He prays for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Statement of the minor victim implicates the petitioner. Victim is yet to be examined.

Under such circumstances we are not inclined to grant bail to the petitioner.

Accordingly, prayer for bail is rejected.

Trial court is directed to examine the minor victim at the earliest and conclude the trial at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

(Subhendu Samanta,J.) (Joymalya Bagchi, J.)