Xxxxxxxx v. State Of West Bengal And ANR

05.08.2025 Sl. No.47 Ct. 28 NB C.R.M. (A) 2225 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 Gazole PS Case No.489/2024 dated 23.06.2024 under Section 363/365/34 of the Indian Penal Code and Section 6 of the POCSO Act and Section 9/10/11 of the Prohibition of Child Marriage Act. And In the matter of: XXX ...petitioner Mr. Tanmoy Khan.

...for the petitioner.

Mr. Rana Mukherjee, Mr. R. Jana.

...for the State.

No one appears on behalf of the petitioner.

Report filed on behalf of the State containing a further statement of the victim recorded before the learned Magistrate, as filed in Court, is taken on record. This reiterates the earlier exonerative statement made by the victim before the learned Magistrate.

In view of the above, the application for anticipatory bail of the petitioner is allowed.

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 that the petitioner shall cooperate with the investigation and shall meet the Investigating Officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM (A) 2225 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.)