Mubarak Sk. @ Mubarak Seikh and Ors. v. State of West Bengal and Anr.
Anticipatory bail – Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023
Case brief
What is this about?
Anticipatory bail under Section 482 BNSS, 2023 rejected in CRM (A) 538 of 2026 arising from Raninagar P.S. Case No. 236 of 2024 dated 03.09.2024 under Sections 318(2)/64/115(2)/124/109/76/3(5) of the Bharatiya Nyaya Sanhita and Section 6 POCSO. Alleged rape of a minor victim and acid attack by the principal accused's relatives. Jay Sengupta, J. declined to accept the claimed compromise/settlement and proposed marriage between petitioner no. 1 and the victim, holding heinous offences are crimes against the State and cannot be compromised or settled; noted the victim's earlier statement before the Magistrate, the discharge certificate recording acid ingestion due to physical assault, the proclamation against the accused and other incriminating case-diary materials; application dismissed.
What did the court decide?
No credence is to be paid to the alleged compromise between the parties; heinous offences are crimes against the State and are not of a private nature capable of being compromised or settled, and paying credence to such a compromise would encourage obnoxious malpractices such as winning over witnesses and paying blood money.