Debesh Sarkar v. State Of West Bengal And ANR

17.06.2025 Item no. 28.

Court No.2.

Kausik Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (M) 122 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Bagdogra Police Station Case No. 15 of 2024 dated 07.01.2024 under Section 6 of POCSO Act.

And In the matter of : Debesh Sarkar ......Petitioner.

Mr. Arunava Paul ......for the Petitioner.

Mr. Ujjwal Luksom Mr. Sagnik Shankar Sikdar ....for the State.

Petitioner has approached this Court being aggrieved that inspite of being detained in custody there has been no progress in the case. Records reflect that in CRM (DB) 120 of 2025 on an order dated 03.03.2025 the prayer for bail of the petitioner was rejected. I have considered the materials in the case diary which speaks of the gravity of the offence and the DNA report has matched and it has also been pointed out by the learned advocate for the State that out of 13 witnesses 6 witnesses have already been examined.

Having considered that the application for bail of the petitioner was rejected very recently and there has been no change of circumstances, I direct the learned Trial Court to expedite the progress of the trial and ensure that all the witnesses be present on the date so fixed by the learned Trial Court. The 7 witnesses who are to be examined be produced on the date so fixed. All efforts be taken to conclude the prosecution witnesses by 31.12.2025.

The Assistant Commissioner of Police in charge of Bagdogra Police Station would monitor the progress of the case and ensure that the witnesses are produced on the date so fixed. A report to that effect be submitted by the Assistant Commissioner of Police in case any bail application is further preferred before this Court. The Assistant Commissioner of Police would act as a nodal officer of the present case who would monitor the day to day progress of the trial.

In view of the aforesaid observations the prayer for bail of the petitioner, at this stage is rejected. Accordingly, CRM (M) 122 of 2025 is rejected. The Registrar, High Court at Calcutta, Circuit Bench, Jalpaiguri will communicate this order to the learned Special Court who would act in consonance with the directions passed above.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)