Petitioner v. State Of West Bengal And ANR

09.04.2026 Court No.28 Item No.40 ssi CRM (A) 536 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Pukhuria Police Station Case No.667 dated 01.12.2024 under Sections 498A/323/376 of the Indian Penal Code.

And In the matter of: XXX.

.... Petitioner Mr. Soupal Chatterjee Mr. M. Chatterjee ...for the petitioner Mr. S. S. Imam Ms. Rita Datta ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner happens to be the brother in law of the alleged victim. There is a delay of about eight months in lodging the FIR. Even the medical examination for the alleged injury was conducted admittedly after eight days from the date of the incident. Actually, there was a relationship between the two.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the victim recorded before the learned Magistrate. However, he submits that there is a delay in lodging the FIR and that the victim refused to undergo medico-legal examination.

Considering the above, the other materials available in the case diary, the delay in lodging the FIR, the fact that the victim refused to undergo medico-legal examination, and the fact that charge sheet has

been submitted, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The petitioner shall not threaten or intimidate the witnesses.

The application for anticipatory bail is, thus, disposed of. The presence of the I.O. is noted and is dispensed with. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)