KHURSHED ALI 2 KHORSED ALI @ KHURSID ALI @ NOUSHED ALI v. THE STATE OF WEST BENGAL AND ANR
CRM(A)/38/2025 · 2025-01-28
Gaurang Kanth, Joymalya Bagchi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51532 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51532 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
28.01.2025. C.R.M. (A) 38 of 2025 10/tkm
In Re : An application for anticipatory bail under section 482 of
BNSS 2023 in connection with Nagrakata PS case no. 2 of 2025 dated 3.1.2025 under section 8 of the POCSO Act
And
In Re : Khurshed Ali @ Khorshed A;I @ Khursid Ali @
Noushed Ali
……petitioner
Mr. Arijit Ghosh Ms. Angana Rakshit
…for the Petitioner
Mr. Debajit Kundu
…for the de facto complainant
Mr. A S Chakraborty, ld APP Mr. Biswarup Roy
…for the State
1. Petitioner submits he has been falsely implicated. He prays for anticipatory bail.
2. Learned lawyer for the state opposes the prayer.
3. Learned layer for the de facto complainant submits petitioner had molested the victim.
4. We have considered the materials on record including the statement of the victim. Keeping in mind the facts and circumstances of the case we are of the opinion though custodial interrogation of the petitioner is not necessary, his movement requires to be restricted in order to instill confidence in the mind of the victim and to prevent occurrence of similar incident.
2
5. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 482(2) of the BNSS 2023 and on further condition that the petitioner while on bail shall remain outside the jurisdiction of Nagrakata P.S until further orders and shall provide the address where he shall presently reside to the investigating agency and the trial court and report to the Officer-in- Charge of the police station within whose jurisdiction he shall reside once in a week until further orders.
6. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
7. The application being CRM (A) 38 of 2025 is disposed of.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)