Ankit Lepcha v. The State Of West Bengal And ANR.

10.09.2025 SL No.23 Ct. No.03 Sudipta Allowed Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 704 of 2025 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rangli Rangliot Police Station Case No.01 of 2025 dated 06.01.2025 under Section 6 of POCSO Act, 2012.

And In Re : Ankit Lepcha ......Petitioner For the Petitioner :

Mr. Debabrata Rai Mr. Sanjeev Kr. Gupta Ms. Nancy Gurung Ms. Nevidita Lama ......Advocates For the State :

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Sagnik Sankar Sikdar (VC) .....Advocates For the de facto complainant :

Mr. Ujjwal Luksom .....Advocates

1. Learned counsel for the petitioner submits that the victim is more than 17 years of age and she has already married the petitioner. Learned counsel further submits that even now the parties are living as husband and wife.

2. Learned counsel for the de facto complainant has affirmed the same.

3. Learned counsel for the State submits that the present case was registered on the information being given by the doctor as the victim was minor and found to be pregnant.

4. In view of the submissions made, in fact, that the victim was more than 17 years of age and she has married. Both are living as husband and wife and even have been blessed with a child.

5. Thus, taking into account the facts and circumstances, this Court considers that the petitioner is entitled to anticipatory bail.

6. Accordingly, the prayer for anticipatory bail is allowed.

7. In the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438 (2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate or tamper with the evidences in any manner whatsoever and the

petitioner shall join the investigation as and when directed by the Investigating Officer.

8. CRM (A) 704 of 2025 is disposed of.

9. 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. )