03.09.2026 Item No. 03 Ct. No. 39 C.R.M.(A) 2070 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 Naihati Police Station Case No. 135 of 2026 dated 24.05.2026 under Sections 12 of the POCSO Act corresponding to POCSO Case No. 88 of 2026 now pending before the learned Additional District & Sessions Judge, 1st Special POCSO Court, Barrackpore. In the matter of : Samaresh Sarkar … Petitioner. Mr. Debasis Kar …for the Petitioner. Mr. Sajal Kumar Pandit …for the State. Mr. Aniket Mitra …for de facto complainant. 1. Learned advocate appearing for the petitioner submits that the petitioner is innocent and 55 years old who is the landlord and there is a dispute between the landlord and the tenant and hence he has been falsely implicated in this case. 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 this case falls under the POCSO Act as the victim is 17 years old. 3. On the other hand, learned advocate representing the State produces the memo of evidence and the case diary 2 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 levelled against the petitioner is serious in nature and the prayer for anticipatory bail for the petitioner is thus, rejected. 6. C.R.M.(A) 2070 of 2026 stands dismissed. 7. Observations made by this Court in this order is prima facie and will not bear any effect in the proceedings/trial. 8. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. 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.)