Calcutta High Court (Appellete Side)
In Re:- Rafikul Islam @ Babu Sk. & Ors vs Re: An Application For Bail Under ... on 27 April, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 24 27.4.2017
C.R.M. No.3522 of 2017 p.d.
In re:- Rafikul Islam @ Babu Sk. & Ors. .... Petitioners.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 24.4.2017 in connection with Murshidabad Police Station Case No.564 dated 3.12.2016 under Sections 366A/370/370A/372/120B/366B/368 of the Indian Penal Code read with Sections 3/4/5/6/7/9 of the Immoral Traffic (Prevention) Act along with Sections 4 and 17 of the Protection of Children from Sexual Offences Act.
Mr. Navanil De, Mrs. Ayantika Roy ... For the petitioners. Md. Anowar Hossain, Mrs. Benazir Hasna .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
This is a case, where acting on a source information, the police held a raid at a Hotel White House and found that prostitution is going on there. Thereafter, from the said Hotel, the police rescued four girls and out of them, three were minors.
While the petitioner Nos.1 and 2 are in custody for 145 days, the petitioner No.3 is in custody for about 127 days.
The learned Counsel for the petitioners claimed that the petitioner Nos.2 and 3 are standing on the same footing with the co- accused Md. Jiauddin @ Raju @ JD @ Zeyauddin, who was granted bail by this Bench on April 4, 2017 in connection with CRM No.2668 of 2017.
2Going through the said order, we find that the said co- accused was granted bail by considering the fact that he was not named by any of the victim girls rescued from the said Hotel.
Now, going through the statements of the victim girls recorded under Section 164 Cr.P.C., we find that although the petitioner No.1 has been named by them but they have not named the petitioner Nos.2 and 3.
Having regard to that, while we allow prayer for bail of the petitioner Nos.2 and 3, namely, Sariful Sk. @ Arif and Mahidul Mondal @ Moidul Mondal, such prayer for bail in respect of the petitioner No.1, namely, Rafikul Islam @ Babu Sk., stands rejected.
Let the petitioner Nos.2 and 3, as aforesaid, be released on bail upon furnishing bond of Rs.20,000/- each with two sureties of Rs.10,000/- each for each of the said petitioner Nos.2 and 3, one of whom must be local, to the satisfaction of the learned Judge, Special Court, Lalbagh, Murshidabad subject to the condition that after release, the petitioner Nos.2 and 3, as aforesaid, shall not leave the jurisdiction of the concerned Police Stations, except either for the purpose of attending the court's proceedings, if any, or to attend the concerned police stations, as the case may be, and they shall report to 3 the investigating officer of the case in between 8-00 p.m. to 9-00 p.m., thrice in every week, until further orders.
We direct, if not any step is taken in terms of the provision of Section 18 of the Immoral Traffic (Prevention) Act, the officer-in- charge of Murshidabad Police Station to take necessary steps immediately.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J. )