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Calcutta High CourtCRM (A)/318/2025allowed

Kartik Mandal @ Kartick Mandal @ Kartcik Mandal v. The State Of West Bengal And ANR

2025-02-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

D/L57 06.02.2025 Rohit ct.no.28 C.R.M. (A) 318 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection POCSO Case No. 224/2024 arising out of Manikchak Police Station Case No. 907 of 2024 dated 02.12.2024 under Sections 126(2)/75/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 And In Re: Kartik Mandal @ Kartick Mandal @ Kartcik Mandal

...Petitioner

Mr. Kalidas Saha ...for the petitioner Mr. Md. Zubair Alam Mr. Akash Ganguly ...for the State 1.

Heard learned Advocates for the parties.

2.

Petitioner contends that he has been falsely implicated in the case. He prays for anticipatory bail.

3.

Learned Lawyer for the State opposes the prayer. 4.

In spite of notice nobody appears for the victim. 5.

We have considered the materials on record.

Statement of the minor victim show petitioner was harassing the minor victim in the locality.

6.

In view of the aforesaid conduct we are of the opinion though custodial interrogation is not necessary. Movement of the petitioner requires to be restricted in order to instill confidence in the minor victim and the witnesses.

7.

Accordingly, we direct that in the event of arrest, the petitioner viz., Kartik Mandal @ Kartick Mandal @ Kartcik Mandal 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 and on further condition petitioner shall not enter the jurisdiction of Manikchak Police Station except for the purpose of attending court proceeding and shall provide the address where he shall presently reside to the investigating agency and to the trial Court and shall report to the Officer-in-Charge of the police station concerned where he shall presently reside once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

8.

The application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)