Aaaaaaaaaaa v. The State Of West Bengal And ANR

06.02.2025 Sl. No.99 tkm C. R. M. (A) 361 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No.992 of 2024 dated 10.9.2024 under Sections 329(4)/64/118(2)/351(2)/3(5) of BNS 2023.

And Allowed In Re: XXX ... ... Petitioner Mr. Sumanta Das Mr. A Tripathi ... ... for the petitioner Mr. Imran Ali Ms. Debjani Dasgupta ... ... for the State Mr. Atis Kr. Biswas ... ... for the de facto complainant

1. Petitioner submits victim is a married lady. She had cohabited out of her own will. He prays for anticipatory bail.

2. Learned lawyer for the State opposes the prayer.

3. Learned lawyer for the de facto complainant submits petitioner had threatened to circulate her obscene pictures and cohabited with her.

4. We have considered the materials on record including the statement of the victim lady. In her statement the victim admits there was an intimate relationship between them for a long time. Credibility of her allegation that the petitioner had blackmailed her by threatening to circulate obscene pictures has to be assessed in light of the prolonged relationship between the parties at the appropriate stage of the proceeding.

5. Under such circumstances we are of the opinion though custodial interrogation of the petitioner is not necessary, he

requires to co-operate with investigation in accordance with law.

6. Accordingly, we direct that in the event of arrest, the petitioners shall 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 BNSS 2023 and on further condition that the petitioner while on bail shall meet the investigating officer once in a week until further orders. He shall hand over his mobile phone for forensic verification.

7. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

8. The application being CRM (A) 361 of 2025 is disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)