Amir Hamja Sk v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 24.11.2025 7(DL) Ct. No.3 srm (Rejected) C.R.M. (A) 636 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Boxirhat P. S. Case No.23 of 2025 dated 12.06.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita and adding Section 8 of POCSO Act.

In the matter of : Amir Hamja Sk.

... Petitioner.

Mr. Subhasish Misra, Mr. Satyajit Paul, Mr. Rounak Ghosh ...for the Petitioner.

Mr. Nilay Chakraborty, APP Mr. Sagnik Sarkar ...for the State.

1. Service report filed by the State is taken on record.

2. Learned Advocate for the petitioner submits that the victim had previous love affairs. There are no such allegations of any forcible sexual assault.

Upon completion of investigation charge sheet has already been submitted. He seeks for anticipatory bail in favour of the petitioner.

3. Opposing such prayer for anticipatory bail, learned Advocate for the State submits that victim in her statement implicates this petitioner of his involvement in the alleged offence. He seeks for dismissal of the prayer for anticipatory bail.

4. Despite service, none appears on behalf of the de facto complainant/victim.

5. Perused the case diary and materials on record.

6. The statement of the victim clearly implicates this petitioner of his involvement in the alleged offence of sexual assault. Considering the above and the nature and gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner.

7. Thus, the prayer for anticipatory bail is rejected.

8. CRM (A) 636 of 2025 stands dismissed.

(Bivas Pattanayak, J.)