Tapas Chakraborty@Puchka v. The State Of West Bengal And ANR

27.09.2023.

Ct. No. 1 Item No. 5 sp CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE C.R.M. (DB) No. 612 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 19.09.2023 in connection with New Jalpaiguri Police Station Case No. 175 of 2019 dated 10.03.2019 under Section 4/6 of the POCSO Act, 2012;

And In the matter of: Tapas Chakraborty @ Puchka ...petitioner Mr. Bhaskar Roy Mahashaya, Mr. Sannidhya Dutta ...For the petitioner Mr. Sourav Ganguly, Ms. Sukanya Adhikary ... For the State

1. This is the 4th application for bail has been made on the ground that despite earlier orders, trial has not been completed within one year.

2. Counsel for the State submits that on June 5, 2023, a Co-ordinate bench of this Court in CRM (DB) 255 of 2023 has recorded that statutory period has not been completed. Two witnesses have been examined including the victim girl. There are six more witnesses on behalf the prosecution to be examined.

3. It is ordered that the office of the Public Prosecutor shall complete examination of the balance of

witnesses within the next 3 months, mandatorily and positively. The trial shall be completed preferably within a period of 5 months from date.

4. The aforesaid directions are peremptory.

5. The Registry shall communicate this order to the Special Court.

6. In view of the above, this Court is not inclined to grant bail to the petitioner.

7. CRM (DB) 612 of 2023 shall stand dismissed.

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

(Supratim Bhattacharya, J.) (Rajasekhar Mantha, J.)