← Library
Calcutta High CourtCRM (A)/231/2025allowed

Md. Humayun Kabir @ Humayun Mallick v. The State Of West Bengal And ANR

2025-02-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

74.

74.

05.02.2025 05.02.2025 Ct. No. 28 (ARPAN) (ALLOWED) C.R.M. (A) 231 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Salar Police Station Case No.365 of 2024 dated 06.11.2024 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 6 of the POCSO Act, 2012 And In Re: Md. Humayun Kabir @ Humayun Mallick ... Petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the Petitioner Mr. Anand Keshari Mr. Karan Bapuli ...for the State 1.

We have considered the materials on record including the statement of the victim. In her statement victim admits she had eloped with the petitioner. Though victim is minor, both the petitioner and the victim fall in the category of young persons. There was free mixing between them.

2.

In light of these peculiar circumstances, we are of the opinion no useful purpose will be served by committing the petitioner to custody. Hence, we are inclined to grant anticipatory bail. 3.

Accordingly, we direct that in the event of arrest, the petitioner viz., Md. Humayun Kabir @ Humayun Mallick 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.

4.

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