Mehedi Hasan v. The State Of West Bengal And ANR

21.02.2025 33.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 487 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raninagar Police Station Case No. 703 of 2024 dated 25.11.2024 under Sections 318(4)/64(1)/69/351(2) of the BNS. And In Re: Mehedi Hasan.

... ... Petitioner Mr. Hamidur Rahaman.

... ... for the petitioner Mr. Patha Pratim Das, Mr. Saptarshi Chakraborty.

... ... for the State Mr. Nurnobi Seikh, ... for the de facto complainant 1.

Petitioner submits there was a romantic association between him and the victim lady. They were adults. Subsequently, the relationship soured and he has been falsely implicated. Allegation of threat is out and out false. Accordingly, he prays for anticipatory bail.

2.

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

3.

Learned Counsel for de facto submits after institution of the case petitioner is threatening his client through WhatsApp messages.

4.

We have considered the materials on record including victim's statement.

Victim stated there was a romantic relationship for last four years. Whether cohabitation was out of love or on false promise of marriage requires to be assessed at the

appropriate stage of the proceeding. It is alleged petitioner had threatened the victim through WhatsApp messages. This is denied and disputed by petitioner.

5.

In view of the aforesaid facts, we are of the opinion though custodial interrogation is not necessary petitioner's movement/activity requires to be regulated in order to instill confidence in the minds of the victim and other witnesses. 6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Mehedi Hasan 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 and on further condition petitioner shall not enter the jurisdiction of Raninagar Police Station except for the purpose of attending court proceeding and shall provide the address where he shall presently reside to the investigating agency as well as the trial Court and shall report to the Officer-in-Charge of the police station concerned where he shall presently reside once in a week until further orders. He shall not contact victim and her family members directly, electronically or otherwise. 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.)