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2026 DAILYLAW 1607 (CAL)

SUKHEN BALA v. STATE OF WEST BENGAL AND ANR

CRM (A)/4184/2025 · 2026-01-15

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.01.2026 SL.62 Ct.No.28 NB CRM (A) 4184 of 2025 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 Polba P.S. Case No.179/2024 dated 28.06.2024 under Sections 4 of POCSO Act, POCSO Case No.41 of 2024. And In the matter of: Sukhen Bala …. Petitioner Mr. Kallol Kr. Basu, Mr. Jannat-ul-Firdous, Mr. Rajsekhar Hota, Ms. Sayantika Sahu, Ms. Bagisha Basak. …for the petitioner. Mr. Debabrata Chatterjee, Md. Kutubuddin. …for the State. Ms. Ankita Dey …for the alleged survivor. Report filed on behalf of the State is taken on record. Vakaltanama filed on behalf of the alleged survivor is also taken on record. Heard the learned counsels for the parties. The prosecution case is that the doctor engaged for the delivery of a child found the mother to be underage and informed the police. The alleged victim is presently a major. She had stated before the learned Magistrate that she had voluntarily married the present petitioner and a child was born of such wedlock. Considering the above, the other materials available in the case diary including the statements of the alleged victim recorded before 2 the learned Magistrate and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioner. Accordingly, 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, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date. The application for anticipatory bail is, thus, disposed of. The presence of the Investigating Officer is noted and is dispensed with. 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.)