Gourab Hazra v. The State Of West Bengal And ANR

D/L 145 23.12.2025 C.R.M. (M) 2615 of 2025 In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Polba Police Station Case No.143 of 2020 dated 22nd September, 2020 under Sections 366A/370/370A/372/373/376/12 of the Indian Penal Code read with Sections 3/4/5/6/7/8 of the Immoral Trafficking (Prevention) Act, read with Sections 4/6/8/12/17 of the POCSO Act;

Gourab Hazra

Versus

The State of West Bengal & Anr.

Mr. Ankit Agarwala Ms. Alotriya Mukherjee Ms. Arpita Paul Biswas.

...for the petitioner.

Mr. Sanjay Banerjee.

...for the State.

Mr. Tapas Paul Ms. Jonaki Saha.

...for the victim.

Learned advocate appearing for the petitioner submits Bpg.

Allowed that the petitioner is in custody for 51⁄2 months and he was not involved in the racket of either kidnapping, abduction or procuring the minors for the purposes of trafficking or involving them in the business of Immoral Traffic Act. According to the learned advocate, petitioner was allegedly to be a customer who has been subsequently named in the statement under Section 164 of the Cr.P.C. of one of the victim.

Learned advocate for the de facto complainant submits that there was an issue of assault being inflicted upon the victim as also there was attempt to forcibly sexually assault the victim.

Learned advocate for the State opposes the prayer for bail.

Having considered the totality of the circumstances particularly the complicity of the present petitioner and the period of detention, I am of the view that further detention of the petitioner is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed. Petitioner, namely, Gourab Hazra shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Special Court under the POCSO Act, Chinsurah, Hooghly. If on bail, the petitioner shall be physically present on each and every before the learned trial court and shall not leave the jurisdiction of the district of Hooghly without the prior permission of the learned trial court. Accordingly, CRM(M) 2615 of 2025 is allowed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)