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2026 DAILYLAW 9556 (CAL)

PETITIONER v. STATE OF WEST BENGAL AND ANR

CRM (A)/648/2026 · 2026-04-16

Jay Sengupta

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

AD 62 April 16, 2026 Ct. 28 SG CRM(A) 648 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dantan P.S. Case No.113 of 2024 dated 06.06.2024 under Sections 376(2)(n) of the IPC. And In the matter of: XXX … petitioner Mr. Protim Chakraborty Ms. Raima Ganguly … for the petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharya … for the State Ms. Sukla Das Chandra Ms. Mohnya Dutta Biswas … for the victim Report filed by the State is taken on record. Learned counsel for the petitioner submits that the petitioner and the alleged victim had a romantic relationship. They got married and are having a child. At present, the alleged victim is an adult. Learned counsel for the alleged victim submits that she got married to the present petitioner and is having a child. Now, they are living together happily. She is a major at present. Learned Additional Public Prosecutor representing the State opposes the prayer for anticipatory bail and relies on the statements of witnesses. However, he submits that 2 according to the statement of the victim recorded before the learned Magistrate, she got married with the present petitioner voluntarily and the couple are having a child. Charge sheet has been submitted. Considering the above, the other materials available in the case diary and the fact that charge-sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, 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, 2023 and on the further conditions that the petitioner shall surrender before the jurisdictional court within four weeks from this date and pray for bail, shall attend the jurisdictional court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)