Obaydulla Tarafdar v. State Of West Bengal And ANR

17.

20-03-2025 (ct. no.29) debajyoti (rejected) CRM (DB) 364 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 Baguiati Police Station Case No.231 of 2024 dated 16-04-2024 under Sections 343/266A/366B/368/370/372/373/120B of the Indian Penal Code and Section 5 of the Immoral Traffic (Prevention) Act and added Section 14A of the Foreigners Act and Section 12 of the Protection of Children from Sexual Offences Act.

- A n d - In the matter of : Obaydulla Tarafdar .... Petitioner.

Mr. Angshuman Chakraborty, Mr. Shashankha Shekhar Saha ... For the Petitioner.

Mr. Bitashok Banerjee, Mr. Asraf Mandal ... For the State.

Mr. Sauradeep Dutta ... For the defacto complainant.

(through Legal Aid) Dictated by Arijit Banerjee, J.

1. Status report filed by the State is taken on record.

2. The petitioner says that he has not been identified by the victim girl in the dock when she deposed before the learned trial Court. He has also not been named. He has been implicated solely on the basis of the statement made by a co-accused person. He is in custody for about 11 months. He prays for bail.

3. From the status report filed by the State, we find that the prosecution proposes to examine 12 out of 22 charge sheet named witnesses. 5 witnesses have already been

examined. Therefore, the trial is proceeding at a highly satisfactory speed.

4. The allegation is of child trafficking. This is a heinous kind of organized crime. All persons involved in such a crime may not come to the fore front and may not be identifiable by the victim. Many of the involved persons operate behind the curtains.

5. In view of the seriousness of the charge and prima facie incriminating material against the petitioner and seeing that the trial is likely to conclude on an early date at the pace it is proceeding, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

6. The application for bail is, thus, dismissed. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)