Sonesh Mardi And ANR. v. State Of West Bengal And ANR

05.12.2025 Sl. No.12 Ct. 28 NB C.R.M. (A) 3613 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.761/2025 dated 02.08.2025 under Sections 106/115(2)/137(2)/395/85 of the Bharatiya Nyaya Sanhita, 2023 and Section 6/17 of the POCSO Act and Section 9/10/11 of the Prohibition of Child Marriage Act.

And In the matter of:- Sonesh Mardi & Anr.

....petitioners Mr. Dhananjay Banerjee, Mr. Arup Kumar Bhowmick, Mr. Pralay Hazra.

....for the petitioners.

Mr. Aniket Mitra, Mr. Karan Bapuli.

...for the State.

Ms. Manasi Roy ...for the de facto complainant.

Report filed on behalf of the State is taken on record. Heard the learned counsels for the parties.

Perused the case diary.

The prosecution case is that an underage girl was married off to the son of the petitioners. She was tortured at her matrimonial home by the petitioners and others as would be evident from the statements of witnesses including the one present at page 73 of the case diary. She became pregnant at the age of 16 and died. Considering the incriminating materials available in the case diary and the alleged role ascribed to the present petitioners, I do not consider this to be a fit case for granting anticipatory bail to the present petitioners.

The application for anticipatory bail being C.R.M. (A) 3613 of 2025 is, thus, rejected.

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.)