Sk Fajlu Rahaman @ Sk Fazlu @ vs Unknown
2021 Latest Caselaw 2288 Cal

BR   23.3.
6    2021
                                    CRA 48 of 2021
                                          With
                                 IA NO. CRAN 1 of 2021

             .

In the matter of : Sk Fajlu Rahaman @ Sk Fazlu @ Mistri .... Appellant

In Re : An application for bail under Section 389 of the Code of Criminal Procedure .

Mr. Navanil De, Mr. Ritam Ghosh .... For the appellant

Mr Saswata Gopal Mukherjee, Ld. P.P., Ms Faria Hossai, Ms. Trina Mitra .... For the State

This is an application for suspension of sentence and bail filed by the appellant/petitioner.

The appellant was convicted by the trial Court for committing offence under Section 4 (1) of the Immoral Traffic (Prevention ) Act and Section 5 (1) (a) of the said Act.

It is submitted by the learned advocate for the petitioner that the accused was arrested from the place of occurrence on the allegation that he was the manaer of a brothel under the name and style of "Minur Thek" .

It is pointed out by Mr. Dey, learned advocate for the petitioner that the accused was arrested from outside the said premises . No inmate of the brothel (Minur Thek) identifed him as one of the managers of the said brothel. There is no allegation that they engaged any of the victims in Immoral Trafficking on receiving money from the customers. Therefore they should released on bail.

Learned Public Prosecutor in -charge , on the other hand refers to the relevant pages of judgment

and the evidence of P.W. 5 and P.W.11 who stated that after arrest they came to know the inmate of the appellant. They also came to know that the appellant used to work as one of the managers in the said brothel.

Except the witnesses attached to the raid in party no other persons made any allegation against the petitioner.

Considering such aspect of the matter, I am inclined to release the petitioner on bail.

Pending disposal of the appeal the petitioner be enlarged on bail of Rs. 20,000/- (Twenty Thousand) with two sureties of Rs. 10,000/- each, one of whom must be local surety to the satisfaction of the learned Additional Chief Judicial Magistrate , Haldia with further condition that if on bail he must meet the Officer-in-Charge of the jurisdictional P.S. once in a month . He shall also submit the residential proof like EPIC card, Aadhar card as well as passport, if any, to the Officer-in-Charge of Jurisdictional P.S. on the first date of visit by swearing an affidavit. If the petitioner violates any of the above conditions the order of bail shall be cancelled without further reference to this Bench.

( Bibek Chaudhuri, J. )