Jaleka Begam@Dipika And ORS v. State Of West Bengal

04.05.2022 rrc CRM (DB) 70 of 2022 In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;

And In Re : Jaleka Begam @ Dipika & Ors.

.....Petitioners Mr. Debasish Mukherjee Ms. Jeeia Rudra ..........for the Petitioners Mr. Aditi Shankar Chakraborty Mr. Biswarup Roy ..........for the State The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioners in connection with Siliguri Women P.S. Case No. 204 of 2021 dated 25.12.2021 under Section 370 of the Indian Penal Code read with Sections 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956.

Ms. Rudra, learned advocate appearing for the petitioners submits that the petitioners are female family members and there is also no possibility that they would flee from justice. They have already suffered incarceration for about 4 months. The allegations are unfounded and in the said conspectus, custodial interrogation of the petitioners is not necessary moreso when, upon completion of investigation, charge sheet has been submitted.

Mr. Roy, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statement of the victim, as recorded under Section 164 of the Code and

other materials in the case diary. He further submits that if the petitioner is enlarged on bail, there is every possibility that they would flee from justice.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the gravity of the offence, its ramifications, the nature of allegations and the possible extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise our discretion in their favour and as such, their prayer for bail is rejected at this stage.

The application being CRM (DB) 70 of 2022 is dismissed. However, the learned Court below is directed to expedite the trial and conclude the same as early as possible without granting any unnecessary adjournment to either of the parties. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)