Dilwar Ahsen And ORS v. The State Of West Bengal And ANR

10.12.2024 tkm/ct 28 C.R.M. (A) 4234 of 2024 sl no. 37 In Re : An application for anticipatory bail under section 482 of BNSS 2023 in connection with Pukhuria P.S Case no. 567 of 2024 dated 1.10.2024 under sections 4/18/12/17 of POCSO Act Allowed and In Re : Dilwar Ahsan & Ors.

...... petitioners Mr. Kaszi M Rahman ...... for the petitioners Ms. Sujata Das Ms. Sanjida Sultana ...... for the State

1. Petitioners submit allegation of blackmailing the victim by threatening to circulate obscene picture are false. They have been falsely implicated. They pray for anticipatory bail.

2. Learned lawyer for the Sate opposes the prayer.

3. We have considered the materials on record. Petitioner no. 1 is a teacher in a school. Minor victim was a student. He raped the victim and threatened her to circulate her nude pictures.

4. In view of the aforesaid incriminating materials and gravity of offence, we are not inclined to grant anticipatory bail to him.

5. Petitioner no. 2 is a friend and petitioner no. 3 is father respectively of petitioner no. 1. Allegations against them are marginal. No allegation of rape is levelled against them.

6. Keeping in mind the extent of complicity of petitioner nos. 2 and 3 in the crime we are inclined to grant anticipatory bail to them.

7. Accordingly, we direct that in the event of arrest, petitioner nos. 2 and 3 viz. Abhijit Swarnakar and Md. Khairul Basar Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 12 th of December 2024 04:28:58 PM

shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 482(2) of BNSS 2023.

8. Petitioner nos. 2 and 3 shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

9. The application being CRM (A) 4234 of 2024 is disposed of. (Gaurang Kanth , J.) (Joymalya Bagchi, J.) Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 12 th of December 2024 04:28:58 PM