19.08.2026 Serial no.09 Court no.551 (MKP) CRM (A) 2400 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Talpatighat Coastal PS Case No. 38 of 2026 dated 06.03.2026 u/s 126(2)/ 115(2)/74/109/107/3(5) of the BNS 2023. -And- In the matter of : Sk. Rajesh @ Sk.Safijul … Petitioner Mr. Shibaji Kumar Das, Ms. Deblina De. … for the petitioner Mr. Somopriyo Chowdhury, Mr. Ayan Mitra. … for the State-respondent(s) 1. Affidavit of service filed in Court be kept with the record. 2. It is submitted by the learned advocate for the petitioner that the petitioner is aged about 19 years. He had a relationship with the victim. The victim was aged about 15 years. 3. As per the allegation made in the first information report, the family members of the petitioner rebuked the victim for such relationship with the present 2 petitioner. The victim was assaulted and her bag was sought to be searched by the parents of the petitioner. 4. Learned advocate for the petitioner submits that there is as such no allegation as against the present petitioner. The victim allegedly committed suicide after she was rebuked by the parents of the petitioner. He prays for anticipatory bail. 5. Learned advocate for the State refers to the statement of the neighbours recorded under Section 180 of the BNSS. He further submits that in case the prosecution under the provisions of the Prevention of Children from Sexual Offences Act, 2012 which requires a culpable mental state on the part of the accused, it is the accused who has to prove the fact that he had no such mental state with respect to the act charged as an offence in such prosecution, in terms of the provision of Section 30 of the Act of 2012. He opposes the prayer for anticipatory bail. 6. Considering the submissions made on behalf of the parties and on perusal of the materials in the case diary, it appears that the case of the prosecution discloses that the parents and relatives of the present petitioner restrained the victim, while she was returning from private tuition. The present petitioner 3 and his family members restrained her and assaulted her. 7. After returning to her house, the victim committed suicide. The statement of the witnesses as well as the post mortem report, supports the case of the prosecution that the victim committed suicide. 8. It has been stated that the victim was restrained and assaulted by the petitioner and his family members on account of her relationship with the present petitioner. Such act on the part of the petitioner and his family members drove the victim to commit suicide. 9. As to how far the present petitioner is liable for abating the suicide committed by the victim is to be determined at the trial on the basis of the through the evidence to be adduced on behalf of the prosecution. 10. So far as the prosecution under Section 8 of POCSO, Act is concerned, it is evident that from the material in the case diary, the petitioner was in a relationship with the victim girl, both of them were of tender age. 11. It is informed that the parents of the petitioner were granted anticipatory bail by the learned jurisdictional Court, whereas, the sister of the victim was arrested and granted bail. Investigation of the case is over. Charge-sheet has been submitted. 4 12. In such circumstances, considering the nature of allegations as well as the materials in the case diary, prayer for anticipatory bail is allowed. 13. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on further condition that petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 14. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 15. CRM(A) 2400 of 2026 is disposed of. (Md. Shabbar Rashidi. J)