Manika Banerjee v. State Of West Bengal And ANR

03.07.2025 Item No.2 Court No.42 ab

IN THE HIGH COURT AT CALCUTTA.

CRIMINAL MISCELLANEOUS JURISDICTION CRM (R) 41 of 2025 In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with the special case no.117/2024, arising out of Barasat police station case no.476/2024 dated 13.08.2024 under Section 96/143/98/99/61(2) of BNS r/w 3/4/5/6/7/9 Immoral Traffic (Prevention ) Act, 1956 and Section 6 of POCSO Act, presently pending before the learned Judge, Special (POCSO) Court, Barasat, North 24 Parganas.

-AndIn the matter of : Manika Banerjee ... ... Petitioner (in Jail) Mr. Suman Bhanja, Mr. Sahil Kabir ... ... For the Petitioner Ms. Zareen Nasima Khan, Mr. Rajesh Jana ... ...For the State Service report along with status report filed by the State is taken on record.

Learned advocate for the petitioner submits that the petitioner is in custody for the last 11 months without there being sufficient progress in trial. The petitioner is a diabetic patient. He seeks for enlargement of the petitioner on bail. Opposing such prayer for bail, learned advocate for the State submits that there are specific allegations against the petitioner of putting the minor victims into prostitution. He seeks for dismissal of the bail application.

Despite service, none appears on behalf of the de facto complainants/victims.

Perused the case diary and materials on record. Upon going through the statements of the victims recorded under Section 164 Cr.P.C., it is found that there are specific allegations against the petitioner of putting the minors into prostitution. Considering the above materials as indicated above and bearing in mind nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail prayer is rejected.

However, 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 prosecution is directed to produce witnesses as per schedule fixed by the trial court for examination of witnesses. The parties are directed to cooperate in the trial for examination of the witnesses.

The Superintendent, Dum Dum Correctional Home is directed to provide medical assistance as per requirement of the petitioner.

The application for bail being CRM (R) 41 of 2025 stands dismissed.

(Bivas Pattanayak, J.)