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Calcutta High CourtCRM (A)/901/2025allowed

Xxxxxxxxxx v. State Of West Bengal

2025-03-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Smita Das De2 pages

17.03.2025 Serial no. 25 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 901 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgarh Police Station Case No. 82 of 2024 dated 5.8.2024 under Sections 107/238/49 of Bharatiya Nyaya Sanhita, 2023 read with Sections 4/ 6 POCSO Act, 2012 and Sections 9/10 Prohibition of Child Marriage Act, 2006 pending before Ld. Special Court (POCSO) at Jhargram -AndIn the matter of : XXX ... ... Petitioner Mr. Debopan Roy, Mr. Aniruddhya Dutta, Mr. Avinash Prakkhar, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, APP Mr. Nirupam Dhali, Advocates ... ...For the State

1. Police filed charge sheet.

2. Petitioner is the cousin brother of the husband of the deceased. It is alleged that there was an illicit relationship between the wife of the petitioner and the husband of the deceased.

3. Deceased apparently committed suicide within 8 months of her marriage.

4. Considering the materials made available on record and the involvement of the petitioner in the incident, we are inclined to grant anticipatory bail to the petitioner.

5. Accordingly, we direct that in the event of arrest the petitioner shall 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 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

6. Prayer for anticipatory bail of the petitioner is allowed.

7. CRM (A) 901 of 2025 is disposed of.

(Debangsu Basak, J.) (Smita Das De, J.)