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Calcutta High CourtCRM (A)/516/2025allowed

Alemul Ali @ Islam v. The State Of West Bengal And ANR

2025-02-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

24.02.2025 Sl. No.16 akd [ALLOWED] C. R. M. (A) 516 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 06.02.2025 in connection with Harirampur Police Station Case No.60 of 2024 dated 19.03.2024 under Sections 363/365/34 of the Indian Penal Code and Sections 9/10 of the Prohibition of Child Marriage Act read with Section 6 of the POCSO Act.

And In Re: Alemul Ali @ Islam ... ... Petitioner Ms. Munmun Dutta ... ... for the petitioner Mr. Subhamay Bhattacharya Ms. Kanchan Roy ... ... for the State 1.

Report is placed on record.

2.

From the victim's statement it appears though victim is a minor, she was in love with the principal accused and had eloped with him. She has been recovered.

3.

Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Alemul Ali @ Islam, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

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