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Calcutta High CourtCRM(DB)/429/2022rejected

Sujay Saha v. State Of West Bengal

2022-11-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

18.11.2022

IN THE HIGH COURT AT CALCUTTA

Sl. No.1 Circuit Bench at Jalpaiguri akd [Rejected] C. R. M. (DB) 429 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.11.2022 in connection with Madarihat Police Station Case No. 96 of 2022 dated 16.06.2022 under Sections 3/4/5/6/7 of the Immoral Traffic Prevention Act.

And In Re: Sujay Saha ... ... Petitioner Mr. Pravas Bhattacharyya ... ... for the petitioner Mr. Aditi Sankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Ujjwal Luksom ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 143 days. It is further submitted victims have turned hostile. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Prosecution case is that a prostitution racket was going on in a hotel. Evidence has come on record petitioner is the owner of the hotel. Prayer for cancellation of bail of co-accused is pending consideration. Though some of the victims have turned hostile, one victim is yet to be examined. In view of the aforesaid circumstances, we are of the opinion release of the petitioner on bail may have adverse impact on the victim who is yet to be examined.

Hence, we do not consider it prudent to release the petitioner on bail at this stage.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)