Emarat Box v. State Of West Bengal

05.02.2026 Court No.28 Item No.33 ssi CRM (A) 75 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Deganga Police Station Case No.610 of 2025 dated 14.11.2025 under Sections 318 (4)/322/338/340(2)/3(5) of the BNS 2023. And In the matter of: Emarat Box .... Petitioner.

Ms. Susnigdho Bhattacharyya Ms. Sarmistha De ...for the petitioner Mr. Amitabha Ghosh ...for the de facto Mr. Suman De Ms. Sonali Bhar ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. It is alleged that the petitioner's father had impersonated as the son of the de facto complainant's father and gifted a property to the present petitioner.

The petitioner's father was granted anticipatory bail by the Court. The de facto complainant had filed a title suit earlier on 13.05.2025. The present FIR was registered only on 14.11.2025.

Learned counsel appearing on behalf of the de facto complainant strongly opposes for anticipatory bail. The petitioner is the real beneficiary of the Act and the other co-accused was granted anticipatory bail because of old age.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. However, she submits that bulk of the relevant documents have already been seized.

It appears that the accused being the petitioner's father who had impersonated as someone else and gifted the property in question to the present petitioner has been granted anticipatory bail. Considering the above and the other materials available in the case diary and the fact that bulk of the relevant documents have already been seized, 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.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)