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Calcutta High CourtCRM(A)/698/2025allowed

Rahul Sarkar And ANR. v. The State Of West Bengal

2025-09-09Hon'Ble Justice Dinesh Kumar Sharma2 pages

09.09.2025 Ct. No.3 Sl. No.67 Mujahid Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 698 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023 in connection with Kotowali P.S. Case No.1098 of 2022 dated 07.10.2022 under Sections 365/368/34 of the IPC read with Section 6 of POCSO Act.

And In the matter of: Rahul Sarkar & Anr.

....Petitioners Mr. Sudip Kr. Paul ...for the petitioners Mr. Ujjwal Luksum, Mr. Sagnik Sankar Sikdar ...for the State Sourav Kar ...for the de facto complainant 1.

Learned counsel for the petitioners submits that the victim has already married the petitioner no.1 and both are residing together. Learned counsel submits that even in the victim is the pregnant at the present time.

2.

Learned counsel for the de facto complainant affirms the same and does not oppose the bail application. 3.

Learned counsel for the State submits that the chargesheet has already been filed.

4.

Perusal of the record indicates that while granting anticipatory bail co-accused. The coordinate Bench of this Court in CRM(A) 599 of 2025 recorded in its order that the victim of the principal accused have married and are living together. 5.

Taking into account, facts and circumstances of the case, the petitioners are admitted to pre-arrest bail on furnishing a personal bond of Rs.10,000/- (Rupess Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions that they shall join the investigation as and when directed by the Investigating Officer and shall not threaten, intimidate or tamper the witness in any manner whatsoever.

6.

The application for anticipatory bail is thus, disposed of. 7.

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

(Dinesh Kumar Sharma, J.)