Rajib Ali v. State Of West Bengal And ANR

22.06.2026 Court No.28 Item No.49 tbsr Allowed CRM (A) 1501 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Cr.P.C in connection with Chanchal P.S. Case No.1500 of 2023 dated 07.11.2023 under Sections 376/506/34 of the Indian Penal Code read with Section 6 of the Protection of Children from the Sexual Offences Act.

And In the matter of: Rajib Ali ....Petitioner.

Mr. A. Islam Mr. A. Sarkar Mr. R. Das ...for the petitioner.

Ms. Janifar Alam Maghi ....for the de facto complainant.

Mr. Pinaki Bhattacharyya Mr. Amartya Mohan Bhattacharyya .....for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. It is alleged that the petitioner entered into a relationship with the alleged victim when the two were 20 years and 17 years of age respectively. However, after the relationship turned sour, the present FIR was lodged. It is further submitted that the alleged victim had got married to someone else.

Learned counsel appearing on behalf of the alleged victim strongly opposes the prayer for anticipatory bail. She submits that, even after the incident, threats have been extended to the victim from the petitioner's end.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on

the injury report, which, however, does not show any external injury. He also relies on the statement of the victim recorded before the learned Magistrate. From the said statement, it appears that there was a relationship between the two for more than a year. The victim has alleged that the petitioner entered into the relationship on a promise of marriage, but subsequently refused to marry the victim. Charge sheet has been submitted.

Considering the above, the other materials available in the case diary and the fact that charge sheet has already been submitted, although I am inclined to grant anticipatory bail to the petitioner, his movement shall remain restricted for a limited period. 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 Chanchal 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.)