Nilotpal Dey @ Nilathpol Dey v. The State Of West Bengal And ANR

16.01.2025 14.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 76 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Keshiary Police Station Case No. 259/2024 dated 10.11.2024 under Sections 69/115(2)/3(5) of BNS. And In Re: Nilotpal Dey @ Nilathpol Dey.

... ... Petitioner Mr. Sumanta Chakraborty, Mr. Nipesh Majhi, Mr. Hemanta Kr. Das .... for the petitioner Ms. Amita Gaur, Ms. Anindya Sundar Chatterjee.

.... for the State 1.

Petitioner submits victim was an adult married lady. Allegation of cohabitation on false promise of marriage is patently false. Accordingly, he prays for anticipatory bail. 2.

Learned Advocate for the State submits petitioner is the nephew of the victim lady. He gave false assurance and cohabited with her.

3.

Nobody appears on behalf of the victim.

4.

We have considered the materials on record including the statement of the victim. In her statement victim admits she is a married lady. Intimacy between the petitioner and the victim appears to have arisen out of love and affection. 5.

In this backdrop, we are of the opinion custodial interrogation is not necessary and petitioner may be granted anticipatory bail.

6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Nilotpal Dey @ Nilathpol Dey be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)