Rahul Biswas @ Hablu v. State Of West Bengal And ANR

02.04.2025 Item no.6 Court No.39 ss

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(DB) 742 of 2025 In Re:- An application under Section 439 of the Code of Criminal Procedure 1973/Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jagaddal Police Station Case No.510 of 2022 dated 12.08.2022 under Sections 363/365/ 368/370A/372/376(2)(i)(n) of the Indian Penal Code and Sections 3/4/5/6 of Immoral Traffic (Prevention) Act, 1956 and Sections 6/17 of the Protection of Children From Sexual Offences Act, 2012.

And In Re : Rahul Biswas @ hablu .... Petitioner Mr. Arindam Jana Mr. Subhajit Chaudhury Mr. Yuvraj Chatterjee ....for the petitioner Mr. Anwar Hossain Ms. Suveni Banerjee ..... for the State Affidavit of service filed on behalf of the petitioner is taken on record.

It is found that service is effected upon the de facto complainant.

Mr. Arindam Jana, learned Advocate for the petitioner submits that the petitioner is in custody for last two and half years and only two witnesses have been examined. He seeks for enlargement of the petitioner on bail.

Mr. Anwar Hossain, learned Advocate representing the State submits that the victim was forced into sex work in Delhi by this petitioner which has been stated by the victim in her

statement recorded under Section 164 of the Code of Criminal Procedure as well as in her evidence in Court. He seeks for dismissal of the application.

Perused the case diary.

It is found from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure that there are allegations against the petitioner of forcing the victim to do sex work in Delhi, which has also been stated in her evidence in Court. Considering the aforesaid materials and gravity of the offence, this Court is not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected. The application for bail being CRM (DB) 742 of 2025 stands dismissed.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)