(27)BA3242-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.3242 OF 2021

Sagar @ Tapas Ajit Chakraborty

]

..

Applicant

vs.

State of Maharashtra

]

..

Respondent

Mr.Pranbhanjay Dave, for the Applicant.

Mr.S.H. Yadav, APP for the State.

API Nilesh More, Unit-1, Thane City present.

CORAM :

BHARATI DANGRE, J

DATE :

19TH AUGUST, 2022.

P.C.

1]

At the instance of complainant, who also claims to be the victim

of illicit trafficking, aged 20 years and a Bangladeshi National, subject

CR came to be registered with Shil Daighar Police Station, which

invoke offences under Section 363, 366-B, 370, 376 read with 34 of the

Indian Penal Code and under Section 4 and 5 of the PITA Act and

under Section 4, 6 and 17 of the POCSO Act.

2]

On 06.02.2017 the present Applicant came to be arrested and

presently he is incarcerated in Thane Central Prison.

3]

On perusal of the charge sheet which comprises of statements of

victims recorded under Section 161 as well as 164 of the Cr.P.C., it can

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(27)BA3242-2021.doc

be discerned that the complainant is original resident of Bangladesh

and she alongwith two major girls and one minor girl were brought from

Bangladesh to Kolkata on the promise that they would be offered

livelihood in film industry or being engaged as beauticians.

It is alleged in the charge-sheet that the arrested accused and

the wanted accused indulged these girls in flesh trade and Accused

No.2 is also charged for committing forcible sexual intercourse with

one of the victim girl on the pretext of marriage.

As far as accused No.1 is concerned, the charge sheet accused

him of committing sexual intercourse against wishes of minor girl.

4]

The statement of victim came to be recorded under Section 364

of the Cr.P.C. in the month of February, 2017. The minor girl has

specifically stated that in Bangladesh she was introduced to one boy

name Jishan, who assured that she will be provided work in a beauty

parlour and she was brought to Kolkata and from Kolkata this person

brought her to Hawda where she was handed over to the present

Applicant and she accompanied him to Mumbai. She stayed with him

for two days and before the raid was conducted, he is alleged to have

committed forcible sexual intercourse with her.

5]

On completion of investigation, charge-sheet is filed and it is

informed that all the victim girls are repatriated to their country.

6]

The accusations faced by the Applicant is that he brought minor

victim girl from Kolkata and induced her into prostitution. The Applicant

is incarcerated since last five years and inspite of framing of charge trial

has not yet commenced. It is also not clear as to whether the victim girl

would be available for examination.

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7]

Considering the consequences of trial and long incarceration, he

deserve to be released on bail.

8]

It is made clear that the observations made above are restricted

for determination of the application and the trial Court in any way shall

not be influenced by the above observations, which are prima facie in

nature.

Hence, the following order :

(a)

Application is allowed.

(b)

Applicant – Sagar @ Tapas Ajit Chakraborty shall be

released on bail in connection with C.R.No.I-27/2017 registered with

Shil Daighar Police Station on furnishing P.R. bond to the extent of

Rs.25,000/- with one or more sureties of the like amount.

(c)

On his release, the Applicant shall furnish his residential

address alongwith contact number to the Investigating Officer.

(d)

The applicant shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with facts of

case so as to dissuade him from disclosing the facts to Court or any

Police Officer and should not tamper with evidence.

(e)

The Applicant shall regularly attend trial, on every date,

unless he is exempted.

[BHARATI DANGRE, J]

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