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2026 DAILYLAW 31775 (CAL)

YYYY v. STATE OF WEST BENGAL AND ANR

CRM (A)/1592/2026 · 2026-07-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L22 31.07.2026 Bpg. Allowed C.R.M. (A) 1592 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baduria Police Station Case No.526 of 2025 dated 24.09.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act and Section 9/10 Prohibition of Child Marriage Act under Section 127(3)/64(2)(f)(m)/115(2)/3(5) of the BNS read with Sections 7/17 POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act; YYYY Versus The State of West Bengal & Anr. Mr. Surajit Basu Ms. Jasika Alam. …for the petitioner. Ms. Shalini Bairagi. …for the State. Earlier order reflects that service has been effected upon the private opposite party no.2. Learned advocate appearing for the State has produced the report of the concerned authority. Be that as it may, I have taken into account the accusations against the petitioner and I find from the statement under Section 183 of the BNSS of the victim that there are admitted facts regarding cruelty being inflicted on matrimonial issues at the matrimonial home. So far as the other offences are concerned, they are subject to investigation by the investigating authority. Having regard to the overall circumstances particularly 2 the accusations, I am of the opinion that custodial detention of the present petitioner is unwarranted in the facts of the present case. As such the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner shall be released on bail 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks. Thus, CRM(A)1592 of 2026 is allowed. Pending application, if any, is consequently disposed of. Report submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)