Xxxxxxxxxx v. State Of West Bengal And ANR

AD 9 December 3, 2025 Ct. 28 SG CRM(A) 3196 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal Police Station Case No.473 of 2025 dated 02.06.2025 under Sections 329(4)/137(2)/64(1)/69/351 (2)/3(5) of the BNS, 2023 read with Section 4 of the POCSO Act, 2012.

And In the matter of:

XXX ... petitioner Ms. Rabia Khatoon ... for the petitioner Mr. Ranadeb Sengupta Ms. Nahid Ahmed ... for the State Mr. Apan Saha ... for the de facto complainant Heard learned counsels for the parties.

Perused the case diary.

It appears that although the victim had taken the name of the petitioner, as one of the perpetrators of the crime in the statements before police, such name was not taken before the learned Magistrate.

It also appears that the principal accused is one Robiul. The victim has also refused to undergo medical examination.

Considering the above, the materials available in the case diary, the alleged role ascribed to the present petitioner

and the fact that the principal accused is one Robiul, 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 petitioners shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form 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.)