Md. Ali Khan @ Hossain @ Md. Ali v. The State Of West Bengal And ANR

02.01.2024 Calcutta High Court Sl. No. 05 In the Circuit Bench at Jalpaiguri Srimanta CRM(DB)/705/2023 In Re : An application for bail under Section 439 of the Code of Criminal Procedure And In the matter of : Md. Ali Khan @ Hossain @ Md.Ali

...Petitioner.

Mr. Imdadul Hoque ...for the petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Subhasish Misra, Mr. Biswarup Roy ...for the State.

Affidavit-of-service filed in Court today be kept with the record.

Heard Mr. Imdadul Hoque, learned Advocate for the petitioner and Mr. Aditi Shankar Chakraborty, learned Advocate for the State.

Learned Advocate appearing for the State has produced before us a report of the Officer-in-Charge, Jorebunglow, P.S.-Darjeeling regarding status of the trial in Case No. 40/19 dated 12.05.2019 under Section 376(3) of the Indian Penal Code read with Section 4/6 of the POCSO Act, which is kept on record.

We have perused the report as produced by the State Advocate and we find that 11 witnesses have been examined between 9.6.2022 to 19.12.2023. Only 3 witnesses stated to be mentioned in supplementary charge-sheet, i.e. the witnesses nos. 12, 13 and 14, are to be examined and for which 6.2.2024 and 7.2.2024 are the dates fixed for disposition of the aforesaid charge-sheet witnesses. Considering the facts and circumstances of the case, the seriousness of the alleged offence and the stage of trial, we do not find any good reason to enlarge the petitioner on

bail. Consequently, the bail application is rejected. It is, however, observed that the prosecution shall get examined the remaining witnesses, i.e. the charge-sheet witnesses nos. 12, 13 and 14 on the next date fixed. It is expected that the learned Trial Court shall conclude the trial very expeditiously. Subject to the observations aforenoted, the bail application is rejected.

( Surya Prakash Kesarwani, J. ) (Rai Chattopadhyay, J.)