Sanjit Roy v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Appellate Jurisdiction 06.06.2022 Serial no.45 [Dd] (Bail Rejected) CRM (DB) 159 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Jalpaiguri Women Police Station Case No. 84 of 2019 dated 19.07.2019 under Sections 376AB/506/34 of the Indian Penal Code read with Section- 6 of POCSO Act, 2012.

-AndIn the matter of : Sanjit Roy ... ...Petitioner Mr. Jaydeep Kanta Bhowmik Advocate ... ... For the Petitioner Mr. Ujjwal Luksom, Mr. Saikat Chatterjee, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that despite the order dated February 5, 2021 requesting the jurisdictional Court to expedite the trial and make an effort to conclude the same preferably within four months from the date of the order, no progress was made. Learned advocate appearing for the State submits that out of 9 prosecution witnesses two witnesses were examined. The next date is fixed on July 18, 2022 for the purpose of examining 3 prosecution witnesses. There subsists an order dated February 5, 2021 requesting the learned Judge to make an effort to conclude the trial as expeditiously as possible preferably within four months from the date of such order.

In such circumstances, the learned trial court is requesting to invoke the provisions of Section 309 of the

Criminal Procedure Code, fix successive dates of trial and not to grant any unnecessary adjournments to any of the parties.

There is hardly any material change in circumstances subsequent to the earlier order dated February 5, 2021. Moreover, considering the materials in the case diary implicating the petitioner in the offences alleged, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 159 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)