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2026 DAILYLAW 42822 (CAL)

MANORANJAN ARYA AND ORS. v. STATE OF WEST BENGAL AND ANR

CRM (A)/3184/2026 · 2026-09-24

Chaitali Chatterjee Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. 24-09-2026 (ct. no.34) (allowed) debajyoti IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction CRM(A) 3184 of 2026 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Moyna Police Station Case No.185 of 2026 dated 17- 05-2026 under Section 65(2) of the BNS & Section 6(1) of the POCSO Act. - A n d - In the matter of : Manoranjan Arya & Ors. .... Petitioners. Mr. Ranjit Kumar Roy, Adv. … For the Petitioners. Mr. Priyankar Ganguly, Adv., Ms. Shalini Bairagi, Adv. … For the State. 1. The instant petition has been filed under Section 482 of the BNSS, 2023 by the present petitioners praying for anticipatory bail in connection with Criminal Misc. Case No.746 of 2026 relating to FIR/Moyna P.S. Case No.185 of 2026 dated 17-05-2026 under Section 65(2) of the BNS and Section 6(1) of the POCSO Act pending before the learned Judge, Exclusive POCSO Court, Tamluk, Purba Medinipur. 2. Learned advocate representing the petitioners submits that the petitioner no.1 is aged about 73 years and the petitioner no.2 is aged about 65 years, being the wife of the petitioner no.1 and the petitioner no.3 is their daughter- in-law, who has a suckling baby of 3 months. It is further submitted that they are not FIR named accused persons and after investigation, charge sheet has been submitted where the charge under Section 75 of the Juvenile Justice (Care and Protection of Children) Act has been levelled against them for which the maximum punishment is for 3 years. It 2 is further submitted that they are falsely implicated and they are nowhere connected with this case. Accordingly, he prays for anticipatory bail. 3. On behalf of the prosecution, objection has been raised to the prayer for anticipatory bail of the petitioners. However, she submits that the charge sheet has been submitted and cognizance has been taken. The principal accused of this case against whom the charge of POCSO has been levelled, is in custody. 4. Heard the submissions. Considered the materials on record and perused the Case Diary. On careful consideration of the facts and circumstances, it goes without saying that the offence alleged is of serious in nature. The child is only 4 years 9 months old. However, it is apparent that no charge of POCSO Act has been levelled against the present petitioners who are the parents and wife of the principal accused. Considering the age of the petitioner nos.1 and 2 and also considering that the petitioner no.3 has delivered a child who is 2-3 months old lactating baby and further considering the nature of charge alleged upon her as well as the statements given by some of the witnesses of the home and the medical papers, this Court is of the view that the present petitioners are entitled to have the benefit of anticipatory bail. 5. Accordingly, in the event of arrest, the petitioners, namely, Manoranjan Arya, Anima Arya and Bedaprava Arya @ Debaprava Arya, shall be released on bail upon furnishing bonds of Rs.20,000/- (Rupees Twenty Thousand) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand) each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioners shall abide by the conditions laid down in Section 482(2) of the BNSS. Further, the petitioners shall attend the court on each and every date so fixed by the learned court. 3 6. In the event the petitioners failed to adhere to any of the conditions stipulated above, the learned court will be at liberty to cancel the anticipatory bail without further reference of this Court. 7. The application for anticipatory bail being CRM(A) 3184 of 2026 is, thus, allowed. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. [Chaitali Chatterjee (Das), J.]