24.08.2026 Item No. 21 Ct. No. 39 C.R.M.(A) 2053 of 2026 AN (REJECTED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 1821 of 2025 dated 24.10.2025 under Sections 137(2) / 140(3) / 123 / 64 / 77 / 351(2) / 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act corresponding to POCSO Case No. 67 of 2026 now pending before the learned Additional District & Sessions Judge, 2nd Special POCSO Court, Malda. In the matter of : Karimul Sk @ Md. Karimuddin Sk. … Petitioner. Mr. A. K. Biswas Mr. Amit Singh …for the Petitioner. Mr. Ayan Mitra …for the State. Mr. Kalyan Kumar Bhattacharyya Mr. Aniruddha Sarkar …for the victim girl. 1. Learned advocate appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that on the date of incident, he was in Pune for his work. The call records corroborate the same. Learned advocate appearing for the petitioner further submits that another co-accused, the father of the petitioner has been granted bail by a coordinate Bench of this Court. He prays for anticipatory bail for the petitioner on any terms and conditions. 2. Learned advocate appearing for the de facto complainant opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner was involved in the case and plea of alibi can be taken into consideration at the time of trial. The delay of one month in lodging the complaint can be ignored since the allegation is serious in nature and the victim is a minor girl. 3. On the other hand, learned advocate representing the State produces the memo of evidence and the case diary and relies upon the statement of the victim recorded under Section 183 of the BNSS and opposes the prayer for anticipatory bail of the petitioner. 4. Having heard the submissions of the learned advocates for the respective parties and upon perusing the materials available on record, the case diary, including the statement of the victim recorded under Section 183 of the BNSS, this Court finds that the victim implicates the petitioner in the crime as alleged. 5. In such view of the matter, this Court is not inclined to grant anticipatory bail in favour of the present petitioner as the allegation leveled against the petitioner is serious in nature and the prayer for anticipatory bail for the petitioner is thus, rejected. 6. C.R.M.(A) 2053 of 2026 stands dismissed. 2 7. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 8. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.) 3