Raimat Mallik @ Sk. Rahaman And ORS v. The State Of West Bengal And ANR

03.10.2025 Item no. 172.

Court No.7.

AB Partly (Allowed) CRM (A) 3457 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dantan Police Station Case No.106 of 2025 Dated 04.05.2025 under Sections 126(2)/115(2)/117(2)/109/76/3(5) of the B.N.S. 2023 read with Sections 8/12 of the POCSO Act And In the matter of : Raimat Mallik @ Sk. Rahaman & Others ......Petitioners.

Mr. Amit Ranjan Pati, Ms. Swastika Chowdhury, Mr. Avijit Chatterjee, Mr. Anish Goswami ......for the Petitioners.

Mr. Md. Adil Badr, Mr. Karan Bapuli ......for the State.

1.

Affidavit of service filed on behalf of the accused petitioners is taken on record.

2.

On careful perusal of the entire materials as placed before this Court, it reveals that in the written complaint as well as in the statements of the witnesses recorded under Section Cr.P.C., sufficient incriminating material is there as against the present accused petitioner no.2, namely, Sk. Ikbal Mahammad. 3.

Considering such circumstances, the prayer for anticipatory bail of the accused petitioner no.2 is considered and rejected.

4.

It reveals further that investigation has already been completed. This Court finds no much incriminating materials at least prima facie as against the petitioner nos.1 and 3 in the case diary.

5.

Accordingly, the prayer for anticipatory bail of the accused petitioner no.1, namely, Raimat Mallik @ Sk. Rahaman and the accused petitioner no.3, namely, Sk. Sabed are hereby considered and allowed.

6.

Accordingly, in the event of their arrest, the petitioner no.1, namely, Raimat Mallik @ Sk. Rahaman and the accused petitioner no.3, namely, Sk. Sabed shall be released on bail upon furnishing a bond of Rs.20,000/- each, with two registered sureties of Rs.10,000/-each, to the satisfaction of the learned Sessions Judge, 2nd Court, POCSO Court at Paschim Medinipur with further condition that the petitioner nos.1 and 3 shall abide by the provisions of Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7.

It is further ordered that the present accused petitioner no.1, namely, Raimat Mallik @ Sk. Rahaman and the accused petitioner no.3, namely, Sk. Sabed shall not commit any threat to the victims as well as to the charsheeted witnesses and they shall report to the Investigating Officer once in a week till conclusion of

trial unless such condition is relaxed by the learned Trial Court for the reasons recorded in writing. 8.

CRM (A) 3457 of 2025 is partly allowed.

9.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Partha Sarathi Sen, J.)