Mosaraf Laskar @ Raju v. State Of West Bengal And ANR

15.05.2025 Item no.3 Court No.39 ss

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 261 of 2025 In re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973/ under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Deganga Police Station Case No.973 of 2015 dated 29.10.2015, under sections 363, 365, 373 of the Indian Penal Code, Section 5(a) of the Immoral Traffic Prevention Act and Section 6 of the Protection of Children from Sexual Offences Act, 2012, pending before the Learned Judge, Special POCSO Court, Barasat, North 24-Parganas as ST Case No.19(06)2023.

And In Re : Mosaraf Laskar @ Raju .... Petitioner Mr. Deepak Prahladka Ms. Reshmi Khatun ...for the Petitioner.

Mr. Partha Pratim Das Ms. Ankita Paul ...for the State.

Fresh status report submitted by the State is taken on record.

Learned Advocate for the petitioner submits that the petitioner is in custody since 2017 without there being any progress in trial. He seeks for enlargement of the petitioner on bail.

Learned Advocate for the State opposes such prayer for bail of the petitioner and submits that there are serious allegations against the petitioner of his involvement in the alleged offence of trafficking of minor victim. He also indicates that previously direction was issued by this Hon'ble Court for custodial trial of the petitioner. He seeks for dismissal of the application for bail.

Despite service none appears on behalf of the de facto complainant.

Perused the case diary and materials on record. By order dated 3rd February, 2022, the bail prayer of the petitioner was rejected in CRM(DB) 302 of 2022 observing as follows.

"Considering the gravity of the offence and the conduct of the petitioner in trying to mislead the Hon'ble Court, we deem it appropriate to not only reject the prayer for bail but also direct custodial trial of the petitioner."

The bail prayer of the present petitioner was rejected by order dated 16th April, 2025 in CRM (M) 19 of 2025 taking into consideration the involvement of the petitioner in inter-State trafficking of women for sexual exploitation as well as the aforesaid order of this Court passed in CRM(DB) 302 of 2022. No new circumstances has cropped up for consideration of prayer for bail of the petitioner. In view of the above materials and the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Accordingly, the bail prayer of the petitioner is rejected. The learned trial court is directed to expedite the trial and conclude the same at an early date without granting any unnecessary adjournment to either of the parties. The application for bail being CRM(M) 261 of 2025 stands dismissed.

(Bivas Pattanayak, J.)