The petitioner who is the defacto complainant has assailed order dated 22.03.2018 granting interim bail to the accused persons in connection with the
instant case. She complains that in spite of grave allegations of sexual exploitation of minors in a hotel, the Special Court illegally granted bail to the
accused persons. It is also submitted that the accused persons are posing a threat to the safety and security of the survivors of crime and there is
every likelihood that they voice would be silenced through intimidation. She, accordingly, prays for cancellation of their bail.
Pursuant to direction given by us on 03.04.2018, investigating officer served notices upon the accused persons directing them to be personally present
in Court today. Report has been filed before this Court in that regard. In spite of notice opposite party nos. 2(xiv) Rajkumar Porel, 2(xv) Rafiq Laskar
and 2(xvi) Prabir Manna are absent in Court today. No explanation is also forthcoming with regard to their absence. Other accused persons are
present in person.
Opposite party nos. 2(v) Mithu Saha and 2(xiii) Anup Kumar Manna (wrongly described as Arup Kumar Manna in the petition) submit that they are
majors and had booked room in the said hotel out of their own free will. Investigating officer submits that investigation is at its nascent stage and
prayer has been made on behalf of the State in CRM 1788 of 2018 to cancel the bail of the accused persons as custodial interrogation is necessary for
progress of investigation. Accordingly, CRM 1788 of 2018 is also heard along with this case.
We have considered the submissions made on behalf of the parties. We note that the order impugned is an interim one and the next date of hearing
has been fixed before the court below on 24.04.2018. It is true that the allegations in the first information report, are grave and may require custodial
interrogation of the accused persons against whom materials exist for indulging in trafficking of women including minors of sexual exploitation.
Learned judge in spite of the gravity of the offence granted interim bail even prior to recording of statement of the victim girl Sampa Sarkar under
Section 164 Cr.P.C. Such conduct on the part of the learned judge in granting interim bail in post haste without examining the statement of victim girl
is not a prudent of exercise of judicial discretion and is contrary to the interest of justice.
However, since the order is an interlocutory one and the matter is scheduled to come up for hearing tomorrow for confirmation of bail before the trial
judge we direct that the applications for cancellation of bail being CRM 1730 of 2018 and CRM 1788 of 2018 be sent down to the trial judge forthwith
and be considered by the trial judge along with prayer for confirmation of bail on behalf of the accused persons without being swayed by the
observations made by him in the order under challenge and in accordance with law.
Department is directed to forthwith sent the records of CRM 1730 of 2018 and CRM 1788 of 2018 before the learned judge for necessary
consideration by tomorrow. Accused persons are directed to be personally present before the trial court tomorrow and on every date of hearing,
failing which the said court shall be at liberty to pass appropriate order in accordance with law. Trial judge is directed to consider the prayer for
confirmation of bail as well as the cancellation applications forthwith and dispose them as early as possible but not later than seven days from the date
of communication of this order and receipt of the records of the applications for cancellation of bail, as aforesaid.
Opposite parties/accused persons 2(xiv) Rajkumar Porel, 2(xv) Rafiq Laskar and 2(xvi) Prabir Manna are not present in spite of notice being served
upon them. Their conduct shows that they are evading the process of law and accordingly their interim bails are cancelled and trial court is directed to
issue warrant of arrest against them to ensure their attendance. Other opposite parties/accused persons who are present in Court except opposite
party nos. 2(v) Mithu Saha and 2(iv) Soma Dutta shall meet the investigating officer on every alternate date between 2p.m. to 4p.m. till the application
for cancellation of bail and their prayers for confirmations of bail are finally disposed of by the trial court. Opposite party nos.2(v) Mithu Saha and
2(iv) Soma Dutta shall cooperate with investigation and offer themselves for interrogation as and when necessary. Both the applications are
transferred to the court of learned Special Court for hearing, as aforesaid, and in accordance with law.
