Mahamud Hasan v. State Of West Bengal

05.02.2025 sdas Allowed C.R.M. (A) No. 268 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Ketugram Police Station Case No. 426 of 2024 dated 25.09.2024 under Sections 137(2)/87/140(3)/64(2)(m)/61(2)(a) of the BNS and Sections 6/10 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act corresponding to charge-sheet under Sections 137(2)/87/140(3)/64(1)/64(2)(m) /61(2)(a) of the BNS and Sections 6/10 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act. And In Re : Mahamud Hasan ..... petitioner Mr. Habibur Rahaman Mr. Archisman Singh Mr. Sumit Sarkar Mr. Noorul Amin Sardar .....for the petitioner Mr. Debasish Roy, learned PP Mr. Siladitya Banerjee Ms. Trisha Rakshit ....for the State 1.

Affidavit-of-service filed in Court be kept on record. 2.

Heard the learned advocates for the parties.

3.

We have considered the materials on record.

Petitioner is the kazi who is alleged to have solemnized the marriage between the principal accused and the victim. Principal accused is in custody. Keeping in mind the extent of complicity of the petitioner in the crime we are inclined to grant anticipatory bail to him.

Signed By :

SHANTANU DAS High Court of Calcutta 10 th of February 2025 03:59:53 PM

4. Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that he shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

5. The application for anticipatory bail is, thus, allowed. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 10 th of February 2025 03:59:53 PM