Koushik Chalak @ Kousik Chalak v. State Of West Bengal And ANR
13.05.2025 SL.62 Ct.No.28 NB CRM (A) 1542 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gurguripal P.S. Case No.121 of 2024 dated December 17, 2024 under Sections 137(2)/140(2))/3(5) of the BNS adding Section 64(2)(m) of BNS read with Section 6 of POCSO Act, and Sections 9/10/11 of Prohibition of Child Marrigage Act pending before the learned Additional District and Sessions Judge, 2nd Court,(Special Court under POCSO Act), Paschim Medinipore.
And In the matter of: Koushik Chalak @ Kousik Chalak ...petitioner Mr. Shoumilya Mazumder.
...for the petitioner.
Ms. Anasuya Sinha, Ms. Manasi Roy.
...for the State.
Mr. Sujan Chatterjee ...for the de facto complainant.
Heard the learned counsels for the parties.
It appears from the statement of the 16 years old victim girl that she had eloped with the present petitioner.
Considering the statement of the victim girl, I do not think that custodial interrogation of the petitioner is required in this case. Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha
Sanhita and on further condition to cooperate with the investigation and not to threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and to meet the Investigating Officer as and when required.
The application for anticipatory bail being CRM (A) 1542 of 2025 is, thus, allowed.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)