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Calcutta High CourtCRM (A)/4330/2025rejected

Sambhu Lohar @ Shambhu Karmakar v. State Of West Bengal And ANR

2026-02-10Hon'Ble Justice Jay Sengupta2 pages

AD 16 February 10, 2026 Ct. 28 SG CRM(A) 4330 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gazole P.S. Case No.919 of 2025 dated 20.09.2025 under Sections 137(2)/140(3) of the BNS, 2023. And In the matter of: Sambhu Lohar @ Shambhu Karmakar ... petitioner Mr. Biswajit Tiwari ... for the petitioner Mr. Saibal Bapuli, ld. APP Ms. Rajnandini Das ... for the State Report filed by the State is taken on record. Despite service no one appears on behalf of the de facto complainant.

Learned counsel for the petitioner submits that the 21 year old petitioner was in a romantic relationship with the 14 year old alleged survivor. The girl had eloped with the boy. Learned counsel for the State strongly opposes the prayer for anticipatory bail and submits that in her statement before the learned Magistrate, the 14 year old girl has admitted about having a physical relationship with the present petitioner. The girl is presently at a safe Home. This is not even a case of adolescent love and more of manipulation of a child by a grown up.

There is no question of consent at such tender age of 14 years.

Considering the above and the other incriminating materials available in the case diary, 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.)