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2026 DAILYLAW 48509 (CAL)

PETITIONER XXX v. STATE OF WEST BENGAL AND ANR

CRM (A)/3457/2026 · 2026-10-09

Debangsu Basak

body2026

Judgment text

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09.10.2026 Serial no. 45 (Anticipatory bail) (Allowed) ( Dd ) In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM (A)/3457/2026 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, 2023 in connection with Hogalberia Police Station Case No. 20 of 2026 dated 28.01.2026 under Sections 85/303(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 pending before Addl. Special Judge cum Spl. Court POCSO Act at Tehatta, Malda (POCSO Case No. 08 of 2026) -And- In the matter of : XXX … … Petitioner Mr. Kunal Ganguly, Mr. Aslam Parvez, Advocates … … For the Petitioner Mr. Parmanand Sharma, Mr. Soumak Bera, Ms. Rima Banerjee, Advocates … …For the State Mr. Priyankar Ganguly, Advocate Ms. Pipasa Chakraborty, Advocate .. ..for the de facto complainant 1. There is a delay in the lodgment of the first information report. 2. There is also a baby born out of the marriage. Court is informed that the child is presently about 8 months old. 3. Child would ideally requires both the parents. Petitioner before Court is the father of such child. 4. Keeping the best interest of the child in mind, I deem it appropriate to grant anticipatory bail to the petitioner. 2 5. 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), with two sureties of like amount each, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the 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. 6. Prayer for anticipatory bail of the petitioner is allowed. 7. CRM (A)/3457/2026 is disposed of. (Debangsu Basak, J.) DEBABRATA DAS Digitally signed by DEBABRATA DAS Date: 2026.10.09 17:33:39 +05'30'