Judhishti Sarkar @ Judhisthir Sarkar v. The State Of West Bengal And ANR

28.02.2025 Sl. No.4 akd [ALLOWED] C. R. M. (A) 618 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 07.02.2025 in connection with Bhangar Police Station Case No.168 of 2023 dated 25.03.2023 under Sections 363/365/376 of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re: Judhishti Sarkar @ Judhisthir Sarkar ... ... Petitioner Mr. Jewel Chanda Mr. Saptashwa Das ... ... for the petitioner Mr. Debanshu Ghorai ... ... for the de-facto complainant Ms. Faria Hossain .. ld. Addl. Public Prosecutor Mr. Amanul Islam ... ... for the State 1.

It is submitted on behalf of the petitioner the victim fell in love with him and is residing with him voluntarily. His submission is corroborated by the victim's statement before Magistrate. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail and submits victim was a minor. 3.

Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail.

4.

However, in light of the fact there was a romantic association between two young persons, we are of the opinion no worthwhile purpose will be served in committing the petitioner to custody. 5.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Judhishti Sarkar @ Judhisthir Sarkar, 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. 6.

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