13.03.2025 Item no.22. Court No.29. S. De (Allowed) CRM (DB) No. 460 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Eco Park Police Station Case No. 219 of 2024 dated 03.10.2024 under Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act, 1956 and Sections 12/17 of the Protection of Children from Sexual Offences Act (POCSO), 2012. And In the matter of : Rahul Mahato & Anr. ……Petitioners. Mr. Sandipan Ganguly, Sr. Adv., Mr. Sabyasachi Banerjee, Mr. Pratyush Patwari, Mr. Rohit Das, Mr. Indradip Das, Mr. Arup Tanti, ……for the Petitioners. Md. Zubain Alam, Mr. Debarshi Brahma, ……for the State. Mr. Sibangi Chattopadhyay, …for the de facto complainant/victim girls. Dictated by Arijit Banerjee, J. 1. The petitioners say that they have no role to play in the alleged offence of trafficking or sexual assault of the victim girls. They are employees of the hotel concerned from where the victim girls were recovered by the police. They are in custody for 163 days. One of the Directors of the company which owns the hotel was arrested and has been granted bail by the learned Trial Court. Investigation is complete. Chargesheet has been submitted. There is no reason to detain them further in judicial custody. 2 2. Opposing the prayer for bail, learned advocates for the State and the de facto complainant draw our attention to the material in the case diary. 3. We have seen the statements of the victim girls recorded under Section 164 Cr.P.C. (Section 183 of the B.N.N.S.). Prima facie, there does not appear to be any such material which would justify or warrant further custodial detention of these petitioners. 4. Accordingly, we direct that the petitioners, namely, Rahul Mahato and Sk. Akram shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Judge, Special Court (under POCSO Act), Barasat, North 24-Parganas subject to the condition that the petitioners shall remain within the jurisdiction of the concerned police station and shall meet the Inspector-in-Charge of the concerned police station once in a fortnight until further orders. 5. The petitioners shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. 6. In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners’ bail in accordance with law without further reference to this court. 7. The application for bail is, accordingly, allowed. 3 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Om Narayan Rai, J.) (Arijit Banerjee, J.)