Xxx v. The State Of West Bengal And ANR

04.03.2025 Sl. No.7 akd [ALLOWED] C. R. M. (A) 651 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.02.2025 in connection with Baruipur Women Police Station Case No.04 of 2025 dated 08.01.2025 under Sections 85/316(2)/351(2)/115(2)/62/64/ 109/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.227 of 2025) And In Re: XXX ... ... Petitioner Mr. Abhra Mukherjee Mr. Swakshar Kumar Mondal Mr. Arpayan Mukherjee Mr. Himadree Ghosh ... ... for the petitioner Ms. Jonaki Saha ... ... for the State 1.

It is submitted on behalf of the petitioner that he is the husband of the victim lady. He has lodged a criminal case against her. In retaliation, the present case has been registered. Accordingly, he prays for anticipatory bail.

2.

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

3.

We have considered the materials on record including the statement of the victim lady. Though she alleged kerosene oil was thrown upon her, no wearing apparels have been seized nor any forensic report showing kerosene oil on the seized apparel is placed before us. Co-accused has been granted pre-arrest bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten thousand only), 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 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. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)