Abedul Sk v. State Of West Bengal And ANR
AD 32 December 18, 2025 Ct. 28 SG CRM(A) 3856 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Uluberia P.S. Case No.89 of 2024 dated 11.03.2024 under Sections 363/365/376(2)(n)(3) of the IPC and Section 6 of the POCSO Act, 2012 and 9 of the Child Marriage Act, 2006.
And In the matter of:
Abedul Sk ... petitioner Mr. Ashok Das Sk. Toslim Ali ... for the petitioner Mr. Suman De Mr. Mujibar Ali Naskar ... for the State Mr. Sabyasachi Chatterjee Mr. Pintu Karar Mr. Akashdeep Mukherjee ... for the de facto complainant Report filed by the State is taken on record. Learned counsel for the petitioner submits that there was a love affair between the 23 years old petitioner and the 14 years old minor victim. The petitioner has been falsely implicated in this case.
Learned counsel for the de facto complainant submits that a warrant has been issued against the petitioner. Learned counsel for the State opposes the prayer for anticipatory bail and refers to the two statements of the victim recorded before the learned Magistrate. In the first statement, the petitioner's name was properly mentioned, but it was a rather exonerative one. In the second
statement, the name taken slightly differs. There, she categorically stated about how she was raped by the said person. Although initially she refused medical, later on, she was found to be pregnant. By Court's order, the pregnancy had to be terminated. The neigbours also supported the prosecution case.
Considering the above, the other incriminating materials available in the case diary and the fact that the petitioner was aged only about 14 years at the time of incident, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.
(Jay Sengupta, J.)