SHUKLA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dtd. 19/3/2021 passed by the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas in connection with G.R. Case No. 3982 of 2017 under Ss. 370, 371, 120B and 34 of the Indian Penal Code.

(2.) Learned counsel for the petitioner submits as follows. The petitioner is a victim of human trafficking. She is a Bangladeshi national who was trafficked to India for the purpose of exploitation in the flesh trade. In connection with the present case, she was recovered on 9/12/2017. She was sent to Lilua Home at Howrah for safe custody on 10/12/2017. Since then she is in the protective custody of the said Home. In the meantime, a charge-sheet was submitted. But, the Investigating Agency could not apprehend the accused. While the accused are at large, the petitioner being the victim in this case, is languishing in protective custody. She wants to return to her own country. She had, accordingly, made an application for repatriation to her own country. However, by an order dtd. 19/3/2021, the learned Magistrate held that return of the victim girl at the stage would damage the chances of the trial in this case. This cannot be a ground to impair the liberty of the present petitioner.

(3.) Learned Public Prosecutor appearing on behalf of the State relies on a report dtd. 10/5/2022 filed earlier and submits as follows. The State would not come in the way if a direction is passed to grant liberty for repatriation of the victim girl to her own country. She can always come back with necessary documents to depose in the trial.