Biswajit Roy v. State Of West Bengal And ORS.

04.01.2024.

21.

Ct.No.28 as (Rejected) C.R.M. (DB) 4791 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jagaddal P.S. Case No.323 of 2023 dated 10.08.2023 under Sections 120B/366A/370/370A/372/373 of the Indian Penal Code and Sections 6/17/21 of the POCSO Act and Sections 3/4/5/6/7 of the Immoral Traffic (Prevention) Act.

In the matter of : Biswajit Roy.

... Petitioner.

Mr. Sourav Chatterjee, Mr. Koel Mukherjee, Mr. Anurag Sardar, Mr. M. Murshed.

...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Kumkum Mitra.

...for the State.

1.

Petitioner submits he had developed physical relationship with one of the victims. No case of trafficking is made out against him. He is in custody for about 101 days. Accordingly, he prays for bail.

2.

Learned Advocate for State opposes the bail prayer. He submits petitioner had procured the victim for sexual exploitation.

3.

We have considered the materials on record. A number of victims were recovered from the brothel. One of the victims stated petitioner played a role in procuring her for sexual exploitation. She was also sexually exploited by the petitioner.

4.

In view of the aforesaid incriminating materials and the nature of offence which partakes an organised crime racket, we are of the opinion this is not a fit case to grant bail to petitioner 5.

Accordingly, the prayer for bail of petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)