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Calcutta High CourtCRM (A)/551/2026allowed

Koyel Sk. v. State Of West Bengal And ANR

2026-04-01Hon'Ble Justice Jay Sengupta2 pages

01.04.2026 Court No.28 Item No.42 tbsr Allowed CRM (A) 551 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranitala P.S. Case No.751 of 2025 dated 17.11.2025 under Sections 329(4)/351(3)/64(1) of the BNS, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and charge sheet submitted under Sections 64(2)(f)/351(3) of the BNS, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Koyel Sk.

....Petitioner.

Mr. Tapodip Gupta Mr. Suman Bhanja Mr. Golam Ahammed ....for the petitioner Mr. Antarikhya Basu Ms. Madhumita Basak .. for the State Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak Ms. Munni Barman ....for the de facto complainant Learned counsel appearing on behalf of the petitioner submits that there was a consensual relationship between the petitioner and the alleged victim for quite some time. When the relationship turned sour, the present FIR was registered. However, the petitioner is willing to marry the alleged victim if she agrees. Learned counsel appearing on behalf of the de facto complainant opposes the prayer for anticipatory bail. The victim subsequently learnt that the petitioner was a married man. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statement of the victim

recorded before the learned Magistrate and other statements of witnesses and the medical report.

Considering the above, the other materials available in the case diary, the fact that there were some kind of relationship between the two for the considerable length of time and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

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, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Ranitala P.S. for a period of four months except for meeting the Investigating Officer or attending the jurisdictional Court.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)