CRM (A)/2358/2026 of RIKI MAKEL @ RIKKI MAKHAL Vs STATE OF WEST BENGAL AND ANR on 8 September 2026

1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Shyampur Police Station Case No. 551 of 2025 dated 08.10.2025 under Sections 137(2)/140(3)/64(2)(m)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act.

2. Affidavit-of-service filed in Court today is taken on record. Despite service, none appears on behalf of the victim/complainant.

3. Mr. Deb, learned Advocate appearing for the petitioner, submits that there was a love affair between the victim girl and the petitioner. He further submits that the victim voluntarily left her house, as would appear from the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and started living with the petitioner in his house as husband and wife. However, upon intervention by the family members of the petitioner and the victim, the victim went to her parental home. Subsequently, based on a complaint lodged by the mother of the victim, the present case came to be registered. Hence, the offence of kidnapping is patently false. In such circumstances, according to him, custodial interrogation of the present petitioner is not necessary.

4. Mr. Chakraborty, learned Advocate appearing for the State, produces the Memo of Evidence as well as the case diary and opposes the prayer for anticipatory bail of the petitioner on the basis of the materials available therein. He submits that the victim became pregnant and had to undergo an abortion.

5. The Memo of Evidence filed in Court today is taken on record.

6. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record, including the Memo of Evidence and the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. Undisputedly, there was a love affair between the victim girl and the petitioner. Taking note of these facts and the statement of victim recorded under Section 183 of the BNSS and other materials on record, and having regard to the observations of a Division Bench of this Court in Probhat Purkait @ Provat v. State of West Bengal (CRA (DB) 14 of 2023, decided on 18.10.2023) on cases of non- exploitative consensual relationships between adolescents, I am of the opinion that custodial interrogation of the petitioner is not necessary and that he may be granted anticipatory bail.

8. Accordingly, I direct that in the event of arrest, the accused/petitioner, namely, Riki Makel @ Rikki Makhal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Judge, Special Court under the POCSO Act-cum-Additional Session Judge, 1st Court, Uluberia, Howrah and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

(Partha Sarathi Chatterjee, J.)