Bapi Das And ORS. v. State Of West Bengal

05.03.2025 Sl. No.22 akd [ALLOWED] C. R. M. (A) 778 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 27.02.2025 in connection with Bharatpur Police Station Case No.8 of 2025 dated 18.01.2025 under Sections 85/80/103/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.85 of 2025) And In Re: Bapi Das & Ors.

... ... Petitioners Mr. Kallol Kumar Basu Md. Jannat-ul-Firdous ... ... for the petitioners Mr. Soumik Ganguly Ms. Mamata Jana ... ... for the State 1.

Petitioner no.1 is the husband of the victim lady and petitioner nos.2 and 3 are her parents-in-law. Petitioner no.4 is her brother-in-law. 2.

It is submitted on behalf of the petitioners the victim committed suicide twelve years after marriage. Initially, no case was registered. De-facto complainant demanded money which they were unable to pay. As a result, petitioners have been falsely implicated in the case. Accordingly, they pray for anticipatory bail. 3.

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

4.

We have considered the materials on record. Incident occurred twelve years after marriage. Allegations of torture are general and omnibus. FIR was not immediately lodged. It is contended de-facto complainant demanded money and as the petitioners failed to pay, they have been falsely implicated. In view of these facts, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

5.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Bapi Das, (2) Anjali Das, (3) Narayan Das & (4) Shibshankar Das, 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 Suraksha Sanhita, 2023 and on further condition that the petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)