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2026 DAILYLAW 29824 (CAL)

KRISHNENDU KUMAR KULIA @ KRISHNENDU KUMAR KULIYA v. STATE OF WEST BENGAL AND ANR

CRM (A)/2067/2026 · 2026-07-23

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23/07/2026 D/L – 684 Court No.35 S. Kundu Allowed C.R.M.(A) 2067 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Tamluk P.S case no. 106 of 2026 dated 15/02/2026 under Sections 64(2)(m) of the BNS and Section 6 of the POCSO Act. In the matter of: Krishnendu Kumar Kuila @ Krishnendu Kumar Kuilya ...Petitioner. Mr. Milon Mukherjee, Sr. Adv. Mr. Ram Anand Agarwal Mr. Ananda Gopal Mukherjee Mr. Viraj Gupta …for the petitioner. Mr. Suman De Mr. Abhinaba Mukherjee …for the de-facto complainant. Mr. Rishav Kr. Thakur …for the State. Learned senior advocate for the petitioner submits that admittedly in the letter of complaint as also the charge sheet, the relationship between the petitioner and the victim was admitted. As the relationship snapped, the petitioner has been foisted with criminal case. Learned advocate for the State opposes the prayer for anticipatory bail and draws the attention of the Court to the statement of the victim as well as the other witnesses. Learned advocate for the de-facto complainant submits that custodial detention of the petitioner is warranted. I have taken into account the materials appearing in the case diary and the allegations, the allegation by the 2 victim is twofold, one is physical relationship and the other is circulation of obscene materials. So far as the first issue is concerned, the victim did not undergo any medical examination. So far as the circulation of obscene materials is concerned, no digital material has been collected by the Investigating Agency. Charge sheet has already been submitted. So far as the age of the victim and age of the present petitioner are concerned, prima facie I am of the opinion that there is no predative exploitation and the genesis of the case is on the basis of an existing relationship, although the consent of the minor is of no relevance. Having considered that the charge sheet has already been submitted in the present case, I am of the view that custodial interrogation of the petitioner in the background of the peculiar facts of the present case is unwarranted. Accordingly, the prayer for anticipatory bail is allowed. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/- each 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 further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date. As charge sheet has already been submitted, this 3 order of anticipatory bail shall remain valid for a period of four weeks from date. Accordingly, the application for anticipatory bail is allowed. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)