Sujauddin Sk @ Suvo Sk Vs State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Sujauddin Sk @ Suvo Sk Vs State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Application for anticipatory bail allowed; in the event of arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, surrender before the learned jurisdictional Court within four weeks, regular attendance before the jurisdictional Court, and no threatening or intimidation of witnesses.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranitala P.S. Case No. 412 of 2024 (Sections 137(2)/140(3)/3(5) BNS, Section 6 POCSO Act, Sections 9/10/11 PCMA).

Court's answer

Anticipatory bail granted to the petitioner, considering the case diary materials, the alleged victim's claim that she is presently residing with the petitioner (her husband) and their child, and the fact that the charge sheet has been submitted.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, and on further conditions that he surrender before the learned jurisdictional Court and pray for bail within four weeks, regularly attend the jurisdictional Court, and not threaten or intimidate witnesses.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted in connection with Ranitala P.S. Case No. 412 of 2024 under Sections 137(2)/140(3)/3(5) BNS, Section 6 of the POCSO Act, 2012 and Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006. The alleged victim, now over 18, stated she had married the petitioner, was residing with him and their child; she had earlier refused medical examination and in her Magistrate examination admitted voluntarily leaving and marrying the petitioner. Charge sheet submitted. Bail granted on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS, 2023, surrender before the jurisdictional Court within four weeks, regular attendance, and no threatening or intimidation of witnesses. (Jay Sengupta, J.)

06.04.2026 Court No.28 Item No.76 tbsr Allowed

CRM (A) 540 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranitala P.S. Case No. 412 of 2024 dated 05.07.2024 under Sections 137(2)/140(3)/3(5) of the BNS and Section 6 of the Protection of Children from Sexual Offences Act, 2012 adding Section 9/10/11 of Prohibition of Child Marriage Act, 2006.

And

In the matter of: Sujauddin Sk. @ Suvo Sk.

….Petitioner.

Mr. Jisan Iqubal Hossain ….for the petitioner Mr. Prasun Kumar Datta Mr. Ashok Das .. for the State Ms. Minoti Gomes ….for the victim

Leave is granted to amend the cause title.

Report filed on behalf of the State is taken on record.

Despite service, no one appears on behalf of the de facto complainant.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was in a romantic relationship with the alleged victim. The alleged victim is presently more than 18 years old. The two have got married. The couple have a child and all are living together in the house of the petitioner.

Learned counsel appearing on behalf of the victim, upon instructions from her, submits that she has now married the alleged accused/petitioner and is living happily at her matrimonial home. The two have a child.

2

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses. However, the alleged victim had refused to undergo medical examination. In her examination before the learned Magistrate, she admitted that she had voluntarily left and married the present petitioner. However, she had been sent to a Home at that time.

Considering the above, the other materials available in the case diary, the claim of the alleged victim that she is presently residing with her husband/the present petitioner and their child and the fact 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 regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)