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Calcutta High CourtCRM (A)/1286/2026allowed

Iyasin Sk v. State Of West Bengal And ANR

2026-05-21Hon'Ble Justice Jay Sengupta2 pages

21/05/2026 D/L - 36 Court No.28 S. Kundu Allowed C.R.M.(A) 1286 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Rejinagar P.S case no. 08 of 2025 dated 12/01/2025 under Sections 137(2)/140(3) of the BNS and charge sheet submitted under Sections 137(2)/140(3)/64(2)/(m)/69/127(4)/318(2)/60/239 of the BNS and Sections 6/17 of the POCSO Act.

In the matter of: Iyasin Sk.

...Petitioner.

Mr. Kusal Kr. Mukherjee Mr. Arijit Bose ...for the petitioner.

Ms. Suchismita Dutta ...for the de-facto complainant.

Mr. Priyankar Ganguly ... Amicus.

1. Learned counsel appearing on behalf of the petitioner submits as follows. The alleged victim developed a romantic relationship with the principal accused and eloped with him. She was thereafter, recovered by her family members and was given in marriage to someone else. The principal accused is in custody. The present petitioner is only a friend of the principal accused. Charge sheet has been submitted.

2. Learned counsel appearing on behalf of the alleged victim submits that she has got married to someone else. She does not want to prosecute the matter anymore.

3. Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statement of the alleged victim who was 17

years and 6 months old recorded before the learned Magistrate as well as the other statements of witnesses. He also refers to the medical examination report.

4. Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioner, the fact that the principal accused is in custody and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

5. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further conditions that the petitioner shall not threaten or intimidate the witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and regularly attend the jurisdictional Court.

6. Accordingly, the application for anticipatory bail is allowed.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)