Biplab Roy v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 05.01.2023 Court No.1 Item. 10 (Suvendu) CRM(DB) 416 OF 2022 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with New Jalpaiguri Police Station Case No. 242/2022 dated 14.03.2022 under Section 6 of POCSO Act, 1912. And In the matter of: Biplab Roy . .. . . . . .Petitioner.

Mr. Joydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Rikta Sarkar For the Petitioner.

Mr. Saikat Chatterjee Mr. Sagnik Sarkar For the State.

Upon considering the material before us, particularly the statement of the victim girl, we are of the view that the petitioner should remain in custody at least till the conclusion of the evidence of the victim girl. Since the petitioner has been in custody for 296 days, if there is inordinate delay in the conduct of the trial, the petitioner shall be entitled to pray for appropriate orders.

CRM(DB) 416 of 2022 is accordingly rejected and disposed of in terms of the above.

(SIDDHARTHA ROY CHOWDHURY,J.) (MOUSHUMI BHATTACHARYA,J.)