Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 27264 (CAL)

BIDYUIT GHOSH ALIAS KURU v. STATE OF WEST BENGAL AND ANR

CRM (A)/1600/2026 · 2026-07-09

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.07.2026 Court No.28 Item No.70 ssi CRM (A) 1600 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Dhubulia Police Station Case No. 518 of 2025 dated 24.12.2025 under Sections 137 (2)/140 (3) of the BNS 2023 and added Section 6 of POCSO Act. And In the matter of: Bidyuit Ghosh @ Kuru …. Petitioner Mr. Prabir Majumder Mr. Snehansu Majumder Ms. Anindita Kundu …for the petitioner Mr. Rajesh Kumar Shah ..for the State Leave is granted to amend the cause title. Report filed on behalf of the State 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 that there was a love affair between the petitioner and the minor victim girl. Due to some misunderstanding, the father of the victim girl lodged an FIR. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. The victim girl was only about 12 ½ years old at the time of occurrence. However, in her statement before the learned Magistrate, she stated that she had voluntarily gone away with the petitioner and stayed at a place for some time. She also refused to undergo medical examination. 2 Considering the above and the other materials available in the case diary and the fact that the minor victim girl refused to undergo medical examination, I do not think that custodial interrogation of the petitioner is required in this case and 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 conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. twice a week till submission of report in final form. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)