Rakesh Mondal @ Mandal v. State Of West Bengal And ANR

28.11.2025 SL.09 Ct.No.28 NB CRM (A) 3432 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 Beldanga P.S. Case No.306 of 2025 dated 14.05.2025 under Sections 137(2)/140(3)/3(5)/64 of BNS, 2023 and Section 6 of POCSO Act corresponding to C. Special Case No.99 of 2025. And In the matter of: Rakesh Mondal @ Mandal ... petitioner Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Bibhasan Bhattacharya, Ms. Diksha Ghosh.

...for the State.

Mr. Shibasis Chatterjee ...for the OP No.2 Compliance report filed on behalf of the State is taken on record.

Learned counsel appearing on behalf of the de facto complainant undertakes to file a vakalatnama by Tuesday i.e. on 02nd December, 2025.

Heard the learned counsels appearing on behalf of the petitioner, the State and the de facto complainant. Perused the case diary.

It appears from the statement of the 27 year old victim girl that there was a love affair between the petitioner and the alleged victim and they went to different places together. But, the petitioner forcibly got married to her.

Considering the materials available in the case diary, the fact that there was some kind of a relationship between the two for some time and they went to different places together and the fact that charge sheet has been submitted, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner. 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 not threaten or intimidate witnesses or tamper with evidence and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date.

The application for anticipatory bail is, thus, disposed of. 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.)