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Calcutta High CourtCRM (A)/404/2025allowed

Chandan Anthony And ORS v. The State Of West Bengal

2025-02-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

07.02.2025 Sl. No.52 akd [ALLOWED] C. R. M. (A) 404 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 30.01.2025 in connection with Adra Police Station Case No.118 of 2024 dated 28.12.2024 under Sections 126(2)/115(2)/117(2)/351(2)/76/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.906 of 2024) And In Re: Chandan Anthony & Ors.

... ... Petitioners Mr. Apurba Kumar Datta Ms. Sreemoyee Mukherjee ... ... for the petitioners Mrs. Sonali Das Ms. Sima Biswas ... ... for the State 1.

It is submitted on behalf of the petitioners that they have been falsely implicated. Accordingly, they pray for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. No injury is noted in the medical report. Whether allegation of outraging modesty is an embellishment has to be assessed at the appropriate stage of the proceeding. Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail however, subject to conditions. 4.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Chandan Anthony, (2) Amit Anthony & (3) Biky Anthony, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 Signed By : ARUP KUMAR DAS High Court of Calcutta 11 th of February 2025 04:12:40 PM

Suraksha Sanhita, 2023 and on further condition that the petitioners shall meet the Investigating Officer once in a week until further orders. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 11 th of February 2025 04:12:40 PM