Manoni Sarkar v. State Of West Bengal

10.03.2025 Item no.58.

Court No.29.

S. De CRM (DB) No. 533 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 : Mamoni Sarkar.

...Petitioner.

Mr. Arindam Jana, Mr. Subhojit Chowdhury, Mr. A. Sengupta, ...for the Petitioner.

Ms. Nandani Chatterjee, ...for the State.

Dictated by Arijit Banerjee, J.

1. Service report filed by the State, be kept with the records. In spite of service, nobody appears for the de facto complainant/victim girl.

2. The petitioner says that she is in custody for 2 years and 10 months. Only 1 out of 12 chargesheet named witnesses has been examined in full. She has been falsely implicated. There is no such material-on-record as would justify her further custodial detention. Out of 11 accused persons, 7 persons have been granted bail.

3. Learned State counsel, while opposing the prayer, draws our attention to the statement of the victim girl recorded under Section 164 Cr.P.C. (Section 183 of B.N.N.S.). She very much implicates the petitioner.

4. We are dealing with a case of child trafficking. This is a social menace which has reached alarming proportions. We further

see that the victim girl is yet to be examined. Hence, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

5. CRM (DB) 533 of 2025 is dismissed.

6. However, considering the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date. The victim girl should be examined within the next one month.

7. Let this order be communicated by the parties to the learned Trial Court.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)