Tapan Mishra @ Misra v. State Of West Bengal And ORS.

14.03.2024 tkm/ct 28 C.R.M. (DB) 820 of 2024 sl no. 44 In Re : An application for bail under section 439 Cr.P.C in connection with New Town PS case no. 284 of 2023 dated 11.9.2023 under sections 3,4,5,7 of the Immoral Traffic (Prevention) Act read with sections 4,6 and 17 of the POCSO Act And In Re : Tapan Mishra @ Misra ........ petitioner Mr. Prasad Bhattacharya ...... for the petitioner Ms. Eshita Dutta ...... for the State

1. Petitioner is in custody for 185 days. He submits co-accused is on bail. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer. He contends petitioner is the employer of the guesthouse where immoral activities were being carried on. Statement of the victim exonerated the co-accused.

3. We have considered the materials on record. Petitioner was working in the guesthouse where immoral activities were being carried on. This discloses his complicity in the crime. Coaccused was not implicated by the victim. He had come to the guesthouse with his friend. Accordingly, petitioner cannot claim parity with the co-accused who is on bail.

4. Under such circumstances and in view of the gravity of offence which has far reaching social consequences, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)