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Calcutta High CourtCRM (A)/27/2025allowed

Sanjit Mahato @ Sanjib Mahato v. The State Of West Bengal And ANR

2025-01-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

13.01.2025 17.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 27 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No. 190 of 2024 dated 23.02.2024 under Sections 363/365 of IPC and Section 4 of POCSO.

And In Re: Sanjit Mahato @ Sanjib Mahato.

... ... Petitioner Mr. Nazar Chowdhury, Ms. Priyanka Saha.

.... for the petitioner Mr. Suman De, Ms. Debadrita Mondal.

.... for the State 1.

Petitioner contends there was a romantic relationship between the parties. He has been falsely implicated. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State contends victim is a minor.

3.

Nobody appears for the victim.

4.

We have considered the materials on record including the statement of the victim. In her statement victim stated she had known the petitioner for 7 days. Petitioner took the victim to her aunt's place and had cohabited. The tenor of her statement supports the defence version of free mixing between two young persons.

5.

In light of these peculiar facts, we are of the opinion custodial interrogation for progress of investigation is not necessary and petitioner may be granted anticipatory bail. 6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sanjit Mahato @ Sanjib Mahato be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)