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2026 DAILYLAW 23461 (CAL)

PALLAB KUMAR PARAMANIK v. STATE OF WEST BENGAL AND ANR

CRM (A)/1376/2026 · 2026-06-15

Jay Sengupta

body2026

Judgment text

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15.06.2026 Court No.28 Item No.21 tbsr Allowed CRM (A) 1376 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak P.S. Case No.319 of 2026 dated 06.03.2026 under Sections 69 of the BNS, 2023. And In the matter of: Pallab Kumar Paramanik ….Petitioner. Mr. Milon Mukherjee, Sr. Adv. Mr. Mrityunjoy Chatterjee Mr. Manas Das Mrs. Suchismita Chakraborty …for the petitioner. Mr. Krishnendu Bhattacharya, ld. APP Mr. Koustav Lal Mukherjee ….for the State. Mr. Tapodip Gupta ….for the de facto complainant. Affidavit of service filed on behalf of the petitioner is taken on record. Let it be kept in a sealed cover. Learned senior counsel appearing on behalf of the petitioner submits as follows. In the year 2022, the victim through her father, had lodged an FIR under the provisions of the POCSO Act alleging sexual assault against some other person. The victim, who is now a major, subsequently developed a relationship with the petitioner and the two had been staying together for some time. After the relationship turned sour, she lodged the present FIR. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. He submits that upon the petitioner’s promise to marry the victim, the two came into a 2 relationship. In fact, the couple had been in a live-in relationship. It has now transpired that the petitioner would not marry her and is in a relationship with another person. Learned counsel appearing on behalf of the State relies on the case diary, opposes the prayer for anticipatory bail. He refers to the FIR, the statement of the victim recorded before the learned Magistrate, the medico-legal examination and the statements of other witnesses. Considering the above, the other materials available in the case diary, the fact that the petitioner and the victim were in a relationship for a considerable length of time and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioner. 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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. 3 Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)