Atul Singh@Rashu Vs the State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Atul Singh@Rashu Vs the State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer; conditions — not to threaten or intimidate witnesses, to surrender before the jurisdictional Court and pray for bail within four weeks, and to regularly attend the jurisdictional Court.

Issue for consideration

Whether the petitioner (Atul Singh @ Rashu), arraigned in Kalchini P.S case no. 118 of 2020 dated 29/08/2020 under sections 363/365 IPC with Section 6 POCSO Act and Sections 10/11 Prohibition of Child Marriage Act added, should be granted anticipatory bail under Section 482 of the BNSS, 2023.

Court's answer

From the statement of the alleged victim made before the Magistrate, it appears she had a relationship with the petitioner, quarrelled with her mother over playing a game, and thereafter decided to leave her house with him, the two staying together for some time.

Ratio / Principle

Considering the case diary materials, the victim's statement that she had herself eloped with the petitioner, and the submission of the charge sheet, custodial interrogation of the petitioner is not required and anticipatory bail is to be granted.

Key takeaways

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.ratio¶18
The petitioner shall not threaten or intimidate witnesses, shall surrender before the jurisdictional Court and pray for bail within four weeks from date, and shall regularly attend the jurisdictional Court.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the BNSS, 2023 — allowed (Jay Sengupta, J., High Court at Calcutta, Circuit Bench at Jalpaiguri, 17/03/2026). Applicant sought pre-arrest bail in Kalchini P.S case no. 118 of 2020 dated 29/08/2020 under sections 363/365 IPC, with Section 6 POCSO Act and Sections 10/11 Prohibition of Child Marriage Act added, arising from his elopement with a minor who is now a major; he had filed a writ petition before the Allahabad High Court seeking protection and the victim was later recovered. Charge sheet was submitted in 2021. Relying on the victim's statement before the Magistrate that she had a relationship with the petitioner and had herself eloped with him, the case diary materials and the submission of the charge sheet, the Court held custodial interrogation was not required and allowed the application: release on arrest on a bond of Rs.10,000/- with two like sureties (one local) to the satisfaction of the Arresting Officer, subject to conditions against threatening or intimidating witnesses and an undertaking to surrender before the jurisdictional Court within four weeks and attend regularly.

17/03/2026 D/L – 18 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

CRM (A) 78 of 2026

In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Kalchini P.S case no. 118 of 2020 dated 29/08/2020 under sections 363/365 of the IPC and adding Section 6 of the POCSO Act and Sections 10/11 of the Prohibition of Child Marriage Act.

In the matter of: Atul Singh @ Rashu

...Petitioner.

Mr. Subham Dutta …for the petitioner.

Mr. Rounak Ghosh

…for the de-facto complainant. Mr. Aditi Shankar Chakraborty Mr. Sagnik Sankar Sikdar

…for the State.

Learned counsel appearing for the petitioner submits as follows. There was a romantic relationship that had developed between the petitioner and the alleged survivor. Although the survivor was a minor at the alleged date of occurrence, at present she is a major. The two eloped to place in Uttar Pradesh. In fact, the petitioner had to file a writ petition before the Hon’ble Allahabad High Court seeking protection. After some time, the alleged victim was purportedly recovered.

Learned counsel appearing for the de-facto complainant opposes the prayer for anticipatory bail. He submits that

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the girl was taken to the State of U.P and kept there for about one year.

Learned counsel appearing for the State opposes the prayer for anticipatory bail. He submits that the case was started in 2020 and a charge sheet was submitted in 2021. He refers to the statement of the victim recorded before the learned Magistrate and the statements of other witnesses. Medical examination was done.

It appears from the statement of the alleged victim made before the Magistrate that she had a relationship with the present petitioner. She also has a quarrel with her mother over the issue of playing some game. She thereafter decided to leave her house with the said friend. The two stayed together at a place for some time.

Considering the above, the other materials available in the case diary, the statement of the victim that she had herself eloped with the petitioner due to certain reasons and the fact that charge sheet has been submitted, I do not think that custodial interrogation of the petitioner is required in this case and 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/- each 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 further conditions that the petitioner shall not

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threaten or intimidate witnesses. The petitioner shall surrender before the jurisdictional Court and pray for bail within four weeks from date and shall regularly attend the jurisdictional Court.

Accordingly, the application for anticipatory bail is allowed.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)