Mrinal Ghosh v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 05.06.2023 AT JALPAIGURI Court No.01 Item No. 27 sg CRM (DB) 246 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 119 of 2017 dated 19.02.2017 under Sections 370(5)/420/417/468/120-B/34 IPC read with Sections 75/80/81 of the Juvenile Justice (Care & Protection of Children) Act. And In Re: Mrinal Ghosh Petitioner Ms. Ashima Mandla Mr. Deborshi Dhar For the Petitioner Mr. Nilay Chakrabarty Mr. Biswarup Roy For the State The learned Counsel for the petitioner submits that long incarceration of the petitioner can be considered as a ground for granting bail.

It is submitted that the petitioner is in custody for six years and three months and there is a little possibility that the trial would be concluded in the near future. It is submitted that 24 persons similarly placed have been granted by the coordinate Bench. The learned Counsel has relied upon the order passed on 8th May, 2023 in CRM (DB) 327 of 2023 and submits that Debashis Chanda has been granted bail and the petitioner stands on the same footing as that of Mr. Chanda.

in the alleged heinous act of trafficking and selling of children. The prayer for bail cannot be considered at this stage.

The learned Counsel for the petitioner has also relied upon an order passed by the coordinate Bench on 8th May, 2023 in CRM (DB) 222 of 2023 passed in Manash Bhowmick and CRM (DB) 227 of 2023 in the matter of Debashis Chanda decided on May 8, 2023 where bail was granted to the accused persons on certain conditions.

However, having regard to the fact that there has been no change in circumstances so far as the present petitioner is concerned and also having regard to the fact that the coordinate Bench in Manash Bhowmick (supra) and Debashis Chanda (supra) has directed the trial court to conclude the trial as early as possible preferably within one year from 8th May, 2023, we do not find any reason at this stage to grant bail to the petitioner. The application for bail of the petitioner is rejected. CRM (DB) 246 of 2023 is accordingly, disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Raja Basu Chowdhury, J) (Soumen Sen, J)