Dipa Das v. State Of West Bengal And ANR

JPD-17 Ct No.01 12.09.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (DB) 533 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.08.2023 in connection with Siliguri Police Station Case No. 43 of 2023 dated 18.01.2023 under Sections 365/120B/376D/387 IPC and Section 5(1)(d) of the Immoral Traffic Prevention Act, 1956.

And In the matter of: Dipa Das .... petitioner Mr. Arunava Paul ....for the petitioner Mr. Abhijit Sarkar, Mr. Biswarup Roy ....for the State 1.

The petitioner seeks bail. It is submitted that the allegations against the petitioner have not been established conclusively and the still-remaining Sections clubbed against the petitioner do not entitle the authorities to further incarcerate the petitioner. It is further submitted that the petitioner is a lady. 2.

Learned counsel for the State opposes the prayer for bail and places reliance on the statement under Section 164 of the CrPC. It is submitted that the State apprehends that if released on bail, the petitioner might engage in similar action, since there are apprehensions that she is the primary mover of a racket. 3.

We find from the materials on record that the allegations against the petitioner are serious and we cannot relieve ourselves from the apprehension that if enlarged on bail, the petitioner might

engage in similar activities, which will be a danger to society at large.

4.

As such, we are not inclined to grant bail to the petitioner at this stage.

5.

However, needless to say, the trial ought to be expedited. 6.

Accordingly, CRM (DB) 533 of 2023 is disposed of with the expectation that the trial shall be expedited as much as possible. (Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)