Xxxx v. State Of West Bengal And ANR

AD 16 July 15, 2025 Ct. 28 SG CRM(A) 1725 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domjur P.S. Case No.833 of 2023 dated 29.11.2023 under Sections 498A/406 of the IPC, Sections 3/4 of the D.P. Act, 1961, Section 6 of the POCSO Act, 2012 and 9/10 of the Prohibition of Child Marriage Act.

And In the matter of:

XXX ... petitioner Mr. Wasim Akram ... for the petitioner Mr. Md. Adil Badr Ms. Sanjida Sultana ... for the State Report filed by the State is taken on record and kept in a sealed cover. It appears that the de facto complainant was served with notice.

No one appears on behalf of the de facto complainant. Heard learned counsels for the parties.

Perused the case diary.

Considering the fact that the principal accused is still in custody, a charge-sheet has been submitted and in view of the alleged role attributed to the present petitioner, especially as would be evident from the statement of the

victim recorded before the Magistrate, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall appear and obtain bail before the jurisdictional court within four weeks from this date and shall attend the jurisdictional court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)