Haydar Ali v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 29.01.2025. C.R.M. (A) 31 of 2025 13/tkm In Re : An application for anticipatory bail under section 482 of BNSS 2023 in connection with New Jalpaiguri P.S case no. 1175 of 2024 dated 11.11.2024 under section 64(1)/318(2)/351(2)/ 3(5) of BNS 2023 read with sections 6/17 of the POCSO Act And Allowed In Re : Haydar Ali ......petitioner Mr. Hillol Saha Podder ...for the Petitioner Mr. Nilay Chakraborty, ld APP Mr. Aniruddha Biswas ...for the State Mr. Debjit Kundu ...for the de facto complainant 1.

Petitioner submits there was a romantic relationship between the parties. Subsequently relationship did not fructify into marriage. He has been falsely implicated. He prays for anticipatory bail.

2.

Learned lawyer for the state opposes the prayer. 3.

Learned lawyer for the de facto complainant also opposes the prayer.

4.

We have considered the materials on record including the statement of the victim. In her statement she admits there was free mixing. Though the victim is minor, in the peculiar facts and circumstances of the case which show free mixing between two young persons, we are of the opinion no worthwhile purpose would be served in committing the petitioner to custody.

5.

Accordingly, we direct that in the event of arrest, the petitioner shall 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 BNSS 2023.

6.

Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 7.

The application being CRM (A) 31 of 2025 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)