Arati Biswas v. State Of West Bengal And ORS.

37.

17-02-2025 (ct. no.29) debajyoti (rejected) CRM (DB) 301 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Barasat Police Station Case No.476 of 2024 dated 13-08-2024 under Sections 96/143/98/99/61(2) of Bharatiya Nyay Sanhita read with Sections 3/4/5/6/7/9 of the Immoral Trafficking Prevention Act and Section 6 of the Protection of Children from Sexual Offences Act. - A n d - In the matter of : Arati Biswas .... Petitioner.

Mr. Md. Sabir Ahmed, Mr. Shraman Sarkar, Mr. Ishan Sen ... For the Petitioner.

Mr. Bibaswan Bhattacharyya, Mr. Saptarshi Chakraborty ... For the State.

Dictated by Arijit Banerjee, J.

1. Service report filed by the State is taken on record. In spite of service, none appears on behalf of the defacto complainant/victim.

2. The petitioner says that she has no connection with the alleged brothel business. She had gone to the concerned premises to meet somebody. At that time, the police raided the place and that is how she was arrested. She is in custody for six months. Investigation is complete. She renews her prayer for bail which was rejected earlier by a coordinate Bench on November 05, 2024 noting that she was in control and custody of the premises wherein illicit sexual trafficking of minors was undertaken.

3. Learned State advocate draws our attention to the material in the Case Diary. The petitioner was arrested from Signed By :

DEBAJYOTI DAS High Court of Calcutta 18 th of February 2025 04:26:20 PM

the concerned premises where brothel business was being carried on. There is prima facie evidence that she was in control of the premises.

4. Given the nature and gravity of the offence which involved several minor victim girls, we are not inclined to entertain the prayer of the petitioner for bail, at this stage.

5. The application for bail is, thus, dismissed.

6. However, considering the period of detention of the petitioner, we request the learned trial Court to expedite the issue of consideration of charge and generally expedite the trial to the extent possible.

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

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 18 th of February 2025 04:26:20 PM