Laxman Mondal @ Lakhan Mondal @ Lakshman… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Laxman Mondal @ Lakhan Mondal @ Lakshman… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: on arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023 conditions, surrender before the jurisdictional Court within four weeks, regular attendance, and no threatening or intimidation of witnesses.

Issue for consideration

Whether anticipatory bail under Section 438 CrPC, 1973 / Section 482 BNSS, 2023 should be granted to the petitioner, father of the principal accused, in connection with Reginagar P.S. Case No. 289 of 2022.

Court's answer

Considering the submissions, the other materials available in the case diary, the alleged role ascribed to the petitioner and the fact that the charge sheet has been submitted, the court was inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.

Key takeaways

The release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023.ratio¶14
Further condition: the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from the date of the order.ratio¶14
Further conditions: the petitioner shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Jay Sengupta, J.) to Laxman Mondal @ Lakhan Mondal @ Lakshman Mondal, father of the principal accused, in connection with Reginagar P.S. Case No. 289 of 2022 dated 14.11.2022 under Sections 363/365/34 IPC, 1860 and Section 6 of the POCSO Act, 2012. The minor victim had allegedly eloped with the principal accused of her own free will; the principal accused was arrested and granted bail; the alleged survivor refused medical examination and practically exonerated the accused in statements before the learned Magistrate; charge sheet stood submitted. On arrest, the petitioner is to be released on a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023 conditions, with surrender before the jurisdictional Court within four weeks, regular attendance, and an undertaking not to threaten or intimidate witnesses.

18.02.2026 Court No.28 Item No. 29 tbsr Allowed

CRM (A) 300 of 2026

In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Reginagar P.S. Case No. 289 of 2022 dated 14.11.2022 under Sections 363/365/34 of the IPC, 1860 and Sections 6 of the Protection of Children from Sexual Offences Act, 2012.

And

In the matter of: Laxman Mondal @ Lakhan Mondal @ Lakshman Mondal

….Petitioner

Mr. Anit Dey ….for the petitioner

Mr. Anupam Das Adhikari Ms. Debadrita Mondal

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the father of the principal accused. The minor girl eloped with the principal accused of her own free will and they stayed together at different places. Afterwards, the principal accused was arrested and was thereafter was granted bail.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that the alleged survivor has refused medical examination and has practically exonerated the accused in the statements made before the learned Magistrate.

Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioner and the fact

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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/- 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 further condition that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)