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2025 DAILYLAW 6579 (CAL)

DHRUBA SADHUKHAN v. STATE OF WEST BENGAL

CRM (DB)/292/2025 · 2025-03-12

Arijit Banerjee, Om Narayan Rai

body2025

Judgment text

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12.03.2025 Item no.39. Court No.29. S. De CRM (DB) No. 292 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. And In the matter of : Dhruba Sadhukhan. …Petitioner. Mr. Susnigdho Bhattacharyya, Ms. Sarmistha De, ……for the Petitioner. Mr. Ashok Das, …for the State. Dictated by Arijit Banerjee, J. 1. Memorandum of evidence filed by the State, be kept with the records. 2. While rejecting the petitioner’s prayer for bail on merits on July 26, 2024, in CRM (DB) 2058 of 2024, a co-ordinate Bench had directed the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same at the earliest and definitely within a period of 18 months from the next date fixed for trial. 3. The petitioner says that he is conscious that the time period granted by the aforesaid order has not expired. However, he has subsequently come to know that a co-accused person by the name of Sudip Das was granted bail by a co-ordinate Bench on April 22, 2024 in CRM (DB) 1221 of 2024. He is similarly circumstanced as Sudip Das. This fact was not brought to the notice of the Court when his bail prayer was rejected on July 26, 2024. Hence, he now renews his prayer for bail. 2 4. Learned State counsel opposing the prayer for bail, tells us that this petitioner has criminal antecedents. He has been chargesheeted in Asansol GRPS Case No. 49/2022 dated 15/12/2022 under Sections 365/366A/366B/370 IPC and Section 14 of Foreigners Act. We also find from the material-on- record that this petitioner, prima facie, had an active role to play in the trafficking. Sudip Das was granted bail considering that he at the highest harboured illegal migrants from Bangladesh. 5. We further find that the time period granted by the co-ordinate Bench has not expired and, therefore, this application is pre- mature. 6. CRM (DB) 292 of 2025 is dismissed. (Om Narayan Rai, J.) (Arijit Banerjee, J.)