Mahendra Chowdhury v. The State Of West Bengal And ANR

D/L69 06.02.2025 Rohit ct.no.28 C.R.M. (A) 330 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj Police Station Case No. 58 of 2025 dated 16.01.2025 under Sections 69/351 (2) /3 (5)of the Bharatiya Nyaya Sanita, 2023 And In Re: Mahendra Chowdhury

...Petitioner

Mr. Snehansu Majumder ...for the petitioner Ms. Sonali Das Ms. Debolina Das ...for the State 1.

Heard learned Advocates for the parties.

2.

Petitioner submits victim is a major lady and cohabitated out of her free will. He prays for anticipatory bail.

3.

Learned lawyer for the State opposes the prayer. 4.

Inspite of notice nobody appears for victim lady. 5.

We have considered the materials on record including the statement of the victim. In her statement the victim admits there was an intimate relationship between them.

Whether the relationship arose out of romantic association or on false promise of marriage has to be assessed at the appropriate stage of the proceeding. Custodial

interrogation for progress of investigation is not necessary.

6.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

7.

Accordingly, we direct that in the event of arrest, the petitioner viz., Mahendra Chowdhury 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.

Petitioner shall meet the Investigating Officer of Kaliganj Police Station once in a week until further orders. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

8.

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

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)