Malay Kabiraj @ Moloy Kabiraj Vs the State of… — Child Sexual Offences (POCSO) | Calcutta HC (2025)

Malay Kabiraj @ Moloy Kabiraj Vs the State of… — Child Sexual Offences (POCSO) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Malay Kabiraj @ Moloy Kabiraj: on arrest, release upon bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS 2023 conditions; petitioner to appear before the jurisdictional court and pray for regular bail within four weeks from date. The application for anticipatory bail was disposed of accordingly.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner, accused in Nabagram Police Station Case No. 530 of 2024 under Sections 376/363/365/344/120B/506 IPC and Sections 4/6/17 POCSO Act, who claims false implication due to matrimonial dispute. +1 more

Court's answer

Anticipatory bail is granted: in the event of arrest, the petitioner is to 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, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and he shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

Ratio / Principle

The allegation of rape against the petitioner is bereft of material particulars with regard to date and time.

Key takeaways

The possibility of false implication of the petitioner, the victim's brother-in-law, due to matrimonial discord cannot be ruled out.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed (decided 03.03.2025) for Malay Kabiraj @ Moloy Kabiraj in C. R. M. (A) 620 of 2025, sought in connection with Nabagram Police Station Case No. 530 of 2024 dated 06.11.2024 under Sections 376/363/365/344/120B/506 of the IPC and Sections 4/6/17 of POCSO Act. Coram: Gaurang Kanth and Joymalya Bagchi, JJ. The petitioner, brother-in-law of the minor victim, pleaded false implication amid matrimonial dispute; the court found the rape allegation bereft of material particulars as to date and time and held that false implication due to matrimonial discord could not be ruled out. Direction: on arrest, release upon bond of Rs.10,000/- with two sureties of like amount each to the Arresting Officer's satisfaction, subject to Section 482(2) BNSS 2023 conditions, and appearance before the jurisdictional court to pray for regular bail within four weeks. The order also corrects a typographical error in the cause title of the order dated 21.02.2025 relating to the names of the State's advocates.

03.03.2025 15. Ct. No. 28 SG [ALLOWED]

C. R. M. (A) 620 of 2025

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabagram Police Station Case No. 530 of 2024 dated 06.11.2024 under Sections 376/363/365/344/120B/506 of the IPC and Sections 4/6/17 of POCSO Act.

And

In Re: Malay Kabiraj @ Moloy Kabiraj.

Md. Wasim Akram. … … for the petitioner

Mr. Jaydeep Roy, Md. Ejaj Akhter. … … for the State

Inadvertent typographical error had crept into the order dated 21.02.2025.

In the cause title of the order dated 21.02.2025 names of the learned advocates for the State be read as ‘Mr. Jaydeep Roy with Md. Ejaj Akhter’ in place and stead of ‘Ms. Sayanti Santra with Ms. Suparna Chatterjee’.

Petitioner submits he is the brother-in-law of the victim girl. He has been falsely implicated due to matrimonial dispute. Accordingly, he prays for anticipatory bail. 4. Learned Counsel for the State submit victim is a minor and petitioner had raped her.

We have considered the materials on record. Victim and co-accused Monoranjan Madhusudan Kabiraj @ Monoranjan Kabiraj fell in love with one another. Though victim was minor they eloped and started living as husband and wife. During their

2

brief matrimonial period disputes cropped up and it is alleged petitioner i.e. her brother-in-law raped her.

We have perused the statement of the victim. Allegation of rape is bereft of material particulars with regard to date and time. Possibility of false implication of the brother-in-law i.e. the petitioner due to matrimonial discord cannot be ruled out.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner viz., Malay Kabiraj @ Moloy Kabiraj 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 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)