Modashar Hossain @ Bapi @ Golam Modaswer v. State Of West Bengal And ANR

28.08.2025 Sl. no. 10 Ct. No. 25 P.M.

(Allowed) C.R.M. (A) 2103 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raghunathganj P.S. Case No. 569 of 2024 dated 29.05.2024 (G.R. Case No. 1573 of 2024) under Section 376(2)(L) of the Indian Penal Code read with Sections 3/4/5/6/7/8 of the Immoral Traffic (Prevention), Act, 1946 and Section 46A of Bengal Excise Act 1909.

In the matter of : Modashar Hossain @ Bapi @ Golam Modaswer. ... petitioner Mr. Rajedeep Majumder, Sr. Adv., Mr. Anindya Bose, Ms. Arushi RAthore, Mr. Santanu Maji, Mr. Soumya Raha, Mr. Aritra Sinha.

.....for the Petitioner.

Mr. Arindam Sen, Md. Kutubuddin.

......for the State.

Learned counsel for the State submits that in the last date order his name has wrongly been mentioned as "Mr. Anirban Sen" instead of "Arindam Sen". Let the correction has been carried out. Learned counsel for the State has filed the report of Sub-Divisional Police Officer, Jangipur Police District. Let it be taken on record.

Learned counsel submits that vide notification dated 23rd September, 1996 all officers not below the rank of Inspector of Police, under West Bengal Police and Calcutta Police Authority were appointed as

Special Police Officer in the respective local jurisdiction for dealing with offence under the Immoral Traffic (Prevention) Act 1956.

Learned counsel for the State has fairly submitted that there is no criminal antecedent of the petitioner. The only allegation against the petitioner is that he is the owner of a hotel Ahar where allegedly upon a raid being conducted a woman of 31 years of age and four persons were found. During investigation it surfaced that hotel is being used for prostitution. The charge sheet has already been filed. Learned senior counsel has submitted that at no point of time any notice was served upon the petitioner.

Thus, taking into the facts and circumstances of this case the petitioner is admitted to pre-arrest bail by furnishing personal bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of whom shall be local, to the satisfaction of the Investigating Officer, subject to the conditions that he shall join and cooperate in the investigation as and when directed by the Investigating Officer and at any point of time shall not threaten, tamper or intimidate the complainant or members of the family in any manner.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Dinesh Kumar Sharma, J.)