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Calcutta High CourtCRM (A)/176/2025allowed

Jahirul Mallick v. State Of West Bengal And ANR

2025-02-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.02.2025 Sl. No.12 akd [ALLOWED] C. R. M. (A) 176 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 19.12.2025 in connection with Murshidabad Police Station Case No.452 of 2023 dated 20.06.2023 under Sections 363/365 of the Indian Penal Code and Section 6 of the POCSO Act. (G.R. Case No.1959 of 2023) And In Re: Jahirul Mallick ... ... Petitioner Mr. Debapriya Samanta Mr. Suhotro Palit ... ... for the petitioner Md. Jannat-ul-Firdous ... ... for the victim Ms. Subhasree Patel Mr. Saibal Kumar Dasgupta ... ... for the State 1.

Further statement of the victim is placed on record. She states she had eloped with the petitioner. They are presently residing as husband and wife.

2.

In view of the aforesaid fact which discloses romantic association between two young persons which had fructified into marriage, we are of the opinion no worthwhile purpose will be served in committing the petitioner to custody.

3.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Jahirul Mallick, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition

that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 4.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)