Calcutta High Court (Appellete Side)
Xxxxx vs Unknown on 11 March, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
11.03.2025
Item No.41
Ct. No. 26
CHC
Allowed
C.R.M.(A) 758 of 2025
In Re:- An application for anticipatory bail under Section
438 of the Code of Criminal Procedure, 1973 corresponding to
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
in connection with Gurap Police Station Case No. 27/2023
dated 08.02.2023 under Sections 363/365/34 of the Indian
Penal Code, 1860 corresponding to Sections 137(2)/140(3)/3(5)
of the Bharatiya Naya Sanhita, 2023 and charge sheet
submitted therein under Sections 364A/376(2)(n)/120B of the
Indian Penal Code, 1860 corresponding to Sections 140(2)/64
(2)(m)/61(2) of the Bharatiya Naya Sanhita, 2023 and Section
6(1) of the POCSO Act, 2012, pending before the Learned Judge,
Exclusive POCSO Court, Chinsurah, Hooghly.
And
In the matter of: XXXXX
...... petitioner
Mr. Prasenjit Debnath, Advocate
Ms. Punam Basu, Advocate
....for the petitioner
Mrs. Shaila Afreen, Advocate
Mr. Sandip Kundu, Advocate
....for the State
1.
Affidavit-of-service filed in Court be taken on record.
2. None appears for the de facto complainant despite service.
3. Petitioner prays for anticipatory bail.
4. Learned advocate appearing for the petitioner submits
that, there was a relationship between the petitioner and
the victim. Police filed charge-sheet and therefore,
detention of the petitioner is not required.
5. Learned advocate appearing for the State draws the
attention of the Court to the materials in the Case Diary
including the statement of the victim recorded under
2
Section 164 of the Criminal Procedure Code and the
medical examination report of the victim.
6. Victim recorded her statement under Section 164 of the
Criminal Procedure Code where, she said that, she was
going to school when she was kidnapped by the petitioner.
She stated that, she was taken to Surat where there was
physical relationship between her and the petitioner.
7. Medical examination report of the victim states that, there
was no visible sign of injury on the victim. Medical opinion
is that, the victim is habituated with sexual intercourse.
8. Victim was about 16 years of age when the incident is
alleged to take place.
9. Materials in the Case Diary discloses that, the victim ran
away on three previous occasions and that, one police case
namely, Gurap Police Station Case No.144/22 dated
August 5, 2022 under Sections 363/365 of the Indian
Penal Code, 1860 was instituted.
10. Given such materials in the Case Diary including the
conduct of the victim as noted above, and given the facts
that, police filed charge sheet, we do not find any need for
placing the petitioner in custody.
11. In such circumstances, we grant anticipatory bail to the
petitioner.
3
12. Accordingly, we direct that in the event of arrest the
petitioner will be released on bail upon furnishing a bond
of Rs.10,000/-, 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 BNSS, 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.
13. This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Smita Das De, J.)
