Mona Bose v. The State Of West Bengal

02.02.2024 CALCUTTA HIGH COURT (D/L 1) IN THE CIRCUIT BENCH AT JALPAIGURI Ct. No.1 (Rejected) C.R.M.(A) 122 of 2024 (SKB) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Siliguri P. S. Case No.887 of 2023 dated 25.10.2023 under Sections 3/4/5/6 of the Immoral Trafficking Prevention Act, 1956 (G.R. Case No.4044 of 2023).

In the matter of : Mona Bose ... Petitioner Mr. Deborshi Dhar ... for the petitioner Mr. Aditi Shankar Chakraborty, APP Mr. Biswarup Roy ... for the State

1. Heard learned Counsel for the parties.

2. The petitioner is alleged to have run a brothel in the residential area in the town of Siliguri. He has past criminal antecedent of similar nature.

3. Learned counsel for the petitioner takes us through Sections 13 and 15 of the Immoral Traffic (Prevention) Act, 1956. Those provisions are not now germane in view of the provisions contained in Part-I of Section 438(1)(II) Cr.P.C.

4. The petitioner being alleged to be the kingpin of the entire transaction, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

5. Accordingly, the prayer for anticipatory bail is rejected.

6. CRM(A) 122 of 2024 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)