Baleswar Gupta @ Baleswar Mahabir Gupta @ Suraj And ANR v. State Of West Bengal And ANR

18.04.2023 tkm/ct 28 C.R.M. (DB) 1527 of 2023 sl no.55 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Mandir Bazar PS case no. 2 of 2021 dated 1.1.2021 under sections 363/365/366A/370/370A/372/373/376/120B/34 IPC and sections 6/17/21 of the POCSO Act and section 5 of the Immoral Traffic (Prevention) Act And In Re : Baleswar Gupta @ Baleswar Mahabir Gupta @ Suraj & Anr. ........ petitioners Mr. U Ali Dewan Mr. Asif Dewan ...... for the petitioners Mr. R D Nandy Ms. Sreeparna Das ...... for the State Petitioners are in custody for more than two years. It is submitted victims had indulged in flesh trade due to poverty. They did not procure the victims against their will. They pray for bail. Learned lawyer for the State opposes the bail. He submits victims are minor.

We have considered the materials on record. Victims came from impoverished families. On the false promise of giving employment they were taken to Mumbai and thereafter introduced to flesh trade. These compelling circumstances leave no doubt that victims had little volition in the matter of sexual exploitation. Petitioners are involved in procuring and trafficking victims for sexual exploitation.

In view of the aforesaid incriminating materials and nature of crime involving interstate trafficking of women for sexual exploitation, we are not inclined to grant bail to the petitioners. Accordingly prayer for bail is rejected.

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