Rasel @ Md. Rasel Momin v. State Of West Bengal And ANR

26.09.2025 Court No.28 Item No.21 tbsr Allowed CRM (A) 3112 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak P.S. Case No.509 of 2025 dated 01.04.2025 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act read with Section 9/10/11 of the Prohibition of Child Marriage Act. And In the matter of: Rasel @ Md. Rasel Momin ....Petitioner.

Mr. Mritunjoy Chatterjee Mr. Arka Roy ...for the petitioner.

Mr. Imran Ali Md. Kutubuddin .....for the State.

Mr. Imdadul Haque ....for the de facto complainant.

Affidavit of service filed on behalf of the petitioner is taken on record.

Heard the learned counsels for the petitioner, the de facto complainant and the State.

Perused the case diary.

Considering the submissions of the learned counsels and the materials available in the case diary including the exonerative statement given by the 17 years old victim before a learned 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/- 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 cooperate with investigation, shall meet the I.O. as and when required and shall not threaten or intimidate witnesses. 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.)