Naresh Sarkar v. The State Of West Bengal And ANR

18.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.53 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc.

Rejected C.R.M. (A) 353 of 2025 In Re : An Application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dinhata Women Police Station Case No. 158 of 2024 dated 03.12.2024 under Sections 8/12 of the Protection of Children from Sexual Offences Act, 2012. And In Re :

Naresh Sarkar ... Petitioner.

Mr. Sudip Guha ... For the Petitioner.

Mr. Bhaskar Das, Mr. Kallol Nag ... For the State.

Ms. Rima Sarkar ... For the Victim.

Learned advocate appearing for the petitioner submits that the petitioner is a neighbor who has been falsely implicated in the instant case at the behest of the de facto complainant with whom the petitioner is having family dispute. Additionally, it has been submitted that the petitioner is aged about 50 years and going by the allegations which have been made, custodial detention of the petitioner may not be warranted.

Pursuant to the service being effected, learned advocate enters appearance on behalf of the victim. State has submitted the case diary.

I have considered the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and on

an assessment of the same, I am of the view that this is not a fit case for granting anticipatory bail. As such, the prayer for anticipatory bail of the petitioner is rejected. The application for anticipatory bail, being CRM(A) 353 of 2025, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)