Aekalavaya Prasad v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Circuit Bench At Jalpaiguri 20.01.2025.

Sl. No.14.

Ct. No. 1 SG (Allowed) C. R. M. (A) 4 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No. 641 of 2024 dated 26.10.2024 under Section 64(2)(m) of BNS with Section 6 of POCSO Act.

And In Re: Aekalavaya Prasad.

...... Petitioner Mr. Subham Ghosh, Mr. Mayank Roy.

......for the petitioner Mr. Niloy Chakraborty, ld. A.P.P.

Ms. Sukanya Adhikary.

......for the State 1.

Petitioner submits he and the victim are school mates. They fell in love with each other. Subsequently, victim became pregnant and criminal case was registered. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State submits victim is a minor. 3.

Inspite of notice nobody appears for the victim. 4.

We have considered the materials on record including the statement of the victim. Petitioner and the victim are young persons. They met at school. An intimacy developed between them. Victim became pregnant and criminal case came to be registered at the behest of the medical practitioner.

5.

In light of the aforesaid peculiar facts which portrays a case of romantic association between two young persons, we are of the opinion no worthwhile purpose will be served in committing the petitioner to custody, 6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Aekalavaya Prasad be released on bail upon furnishing a bond of Rs.10,000/-, 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. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

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