Calcutta High Court: In an application filed under Section 482 of the BNSS, 2023 seeking anticipatory bail for protection from arrest in connection with an FIR under Section 6 of the POCSO Act, 2012 based on the doctor’s information that the complainant was a minor and pregnant, Dinesh Kumar Sharma, J., granted anticipatory bail to the petitioner, in view of the facts and circumstances of the case.
The factual background relates to a First Information Report borne out by information recorded on 06.01.2025 at Rangli Rangliot Police Station under Section 6 of the POCSO Act, 2012, based on a report by a doctor that the victim was a minor and was found to be pregnant. Before the Court the petitioner’s primary contention was that the alleged victim was more than seventeen years of age at the relevant time, that she had married the petitioner, that the parties were living together as husband and wife and that they had been “blessed with a child.” The complainant’s counsel expressly affirmed the factual position advanced by the petitioner’s counsel with regard to the marriage and the living arrangement.
Counsel for the petitioner submitted that the victim was more than seventeen years of age and had married the petitioner, and that the parties were continuing to live as husband and wife. Counsel for the complainant affirmed the same factual position. In response, Counsel for the State submitted that the case had been registered upon the information received from the doctor that the victim was a minor and pregnant.
Thus, taking into account the facts and circumstances, the Court stated that the petitioner is entitled to anticipatory bail. Accordingly, the Court directed that 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; the release is further subject to the conditions laid down under Section 438(2) CrPC and to the additional conditions that the petitioner shall not threaten, intimidate or tamper with evidence in any manner whatsoever and that the petitioner shall join the investigation as and when directed by the Investigating Officer.
[In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rangli Rangliot Police Station Case No.01 of 2025 dated 06.01.2025 under Section 6 of POCSO Act, 2012, CRM (A) 704 of 2025, decided on 10-09-2025]
Advocates who appeared in this case:
Advocates for the Petitioner: Mr. Debabrata Rai, Mr. Sanjeev Kr. Gupta, Ms. Nancy Gurung, Ms. Nevidita Lama
Advocates for the State: Mr. Aditi Shankar Chakraborty, APP and Mr. Sagnik Sankar Sikdar (VC)
Advocates for the de facto complainant: Mr. Ujjwal Luksom
Buy Protection of Children from Sexual Offences Act, 2012 HERE
Buy Code of Criminal Procedure, 1973 HERE
