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Calcutta High CourtCRM (A)/1619/2026rejected

Biswanath Biswas v. State Of West Bengal And ANR

2026-06-22Hon'Ble Justice Jay Sengupta2 pages

22/06/2026 D/L - 59 Court No.28 S. Kundu Rejected C.R.M.(A) 1619 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Kalyani P.S case no. 131 of 2026 dated 17/02/2026 under sections 126(2)/79/115(2)/351(2)/3(5) of the BNS read with Section 12/8 of the POCSO Act.

In the matter of: Biswanath Biswas

...Petitioner.

Mr. Shibaji Kr. Das Ms. Deblina De ...for the petitioner.

Mr. Tirtharaj Ghoshal Mr. T. Mricha ...for the O.P no. 2.

Mr. Somnath Adhikary Mr. Sanjib Das ...for the State.

1. Affidavit of service filed on behalf of the petitioner is taken on record and kept in a sealed cover.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case. The petitioner is a karate teacher of the minor victim. The victim must have misunderstood the ways in which the contact sport is to be taught.

3. Learned counsel appearing for the de-facto complainant strongly opposes the prayer for anticipatory bail.

4. Learned counsel appearing for the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the FIR, the statements of witnesses including the statement of 12 years old victim girl recorded before

the learned Magistrate as well as the medical examination report. In the said statement, the minor victim has vividly described the manner in which the petitioner sexually assaulted the alleged victim and the vulgar things he said.

5. Considering the above and the other incriminating materials available in the case dairy, I do not consider this to be a fit case to grant anticipatory bail to the petitioner.

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

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

(Jay Sengupta, J.)