Sk. Sahansha v. The State Of West Bengal

14.02.2025 19.

Ct. No. 28 SG [Allowed] C. R. M. (A) 482 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chandipur Police Station Case No. 367 of 2024 dated 01.10.2024 under Sections 85/89/115(2)/351(2) of BNS. And In Re: Sk Sahansha.

... ... Petitioner Mr. Sk Anwar Ali, Adv.

.... For the petitioner Mr. S.S. Imam, Adv.

Mr. Subhajit Chowdhury, Adv.

.... For the State 1.

Petitioner submits there was a matrimonial dispute and he has been falsely implicated.

Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State submits victim-housewife was tortured and compelled to abort.

3.

We have considered the materials on record including the allegations in the FIR. Marriage between the couple took place in 2018. It is alleged she was assaulted and there was miscarriaged in April, and November, 2023.

However, no contemporaneous complaint was lodged. FIR has been lodged in October, 2024.

4.

In such view of the matter, we are of the opinion custodial interrogation for progress of investigation is not necessary but petitioner requires to cooperate with investigation. Signed By :

SOURAV GHOSH High Court of Calcutta 19 th of February 2025 11:32:14 AM

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sk Sahansha 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 that the petitioner shall meet the Investigating Officer once in a week until further orders and cooperate in respect of recovery of stridhan article, if any. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

Application for anticipatory bail is, thus, disposed of. [Shampa Dutt (Paul), J.] [Joymalya Bagchi, J.] Signed By :

SOURAV GHOSH High Court of Calcutta 19 th of February 2025 11:32:14 AM