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Calcutta High CourtCRM(A)/377/2025dismissed

Sourav Modak v. The State Of West Bengal And ANR

2025-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.06.2025 Item no. 37.

Court No.2.

Rakib In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (A) 377 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 184 of 2025 dated 08.04.2025 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 4 of the POCSO Act, 2012. And In the matter of : Sourav Modak.

......Petitioner.

Mr. Surajit Basu, Mr. Ratan Chandra Roy, Mr. Sayantan Bhowmik.

......for the Petitioner.

Mr. Saikat Chatterjee, Ms. Sukanya Adhikary ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is 17 years of age and as such the father has preferred an application on behalf of the petitioner who is a child in conflict with the law. Learned advocate further submits that the petitioner is innocent of the charges and having regard to the nature of the accusations the custodial detention may not be warranted.

Learned advocate appearing for the State has produced the Case Diary and drawn the attention of the Court to the statement of the victim as well as the medical/injury report.

Having considered the same, I am of the view that the petitioner cannot be extended the benefit of anticipatory bail. Accordingly, the prayer for anticipatory bail being CRM (A) 377 of 2025 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)