Soumya Chowdhury v. The State Of West Bengal And ANR

19.

19.

05.02.2025 05.02.2025 Ct. No. 28 (ARPAN) (ALLOWED) C.R.M. (A) 112 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur Police Station Case No.757 of 2024 dated 09.06.2024 under Sections 447/367/417/34 of IPC, 1860 read with Section 4 of the POCSO Act, 2012;

And In Re: Soumya Chowdhury ... Petitioner Mr. Susnigdho Bhattacharyya Ms. Sarmistha De ...for the Petitioner Mr. Prasun Kumar Dutta Mr. Nirupam Dhali ...for the State 1.

Heard learned counsel for the parties. Inspite of service of notice, nobody appears for victim.

2.

We have considered the materials on record including statement of the victim.

3.

Victim admits there was free mixing between two young persons. Whether cohabitation was out of love or on false promise of marriage requires to be assessed at the appropriate stage of the proceeding. 4.

Keeping in mind the aforesaid facts, we are inclined to grant anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Soumya Chowdhury 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.

6.

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