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2026 DAILYLAW 11252 (CAL)

XXXX v. STATE OF WEST BENGAL AND ANR

CRM (A)/5/2026 · 2026-01-27

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.01.2026 Sl. No.57 NB CRM (A) 5 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haldia Women PS Case No.91/2025 dated 06.11.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 6/8/17 of the POCSO Act read with section 9/11 of Prohibition of Child Marriage Act. And In the matter of: XXX … petitioner Mr. Mrityunjoy Chatterjee, Mr. Manas Das, Ms. Suchismita Chakraborty, Ms. Nazia Parveen. …for the petitioner. Mr. Avishek Sinha, Ms. Debarati Das. ..for the State. Affidavit of service filed on behalf of the petitioner is taken on record. Despite service, no one appears on behalf of the de facto complainant. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the father in law of the alleged minor victim. He has been falsely implicated in this case. Before the incident, the petitioner’s side lodged a complaint against the adverse party. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the statements of the minor victim aged about 14 years. She had categorically made serious allegations against the present petitioner. 2 Considering the above, the other incriminating materials available in the case diary and the alleged role ascribed to the present petitioner, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)