Anup Gupta v. State Of West Bengal And ANR

D/L36 17.03.2025 Rohit ct.no.26 C.R.M. (A) 912 of 2025 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/ under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Baranagar Police Station Case No. 18 of 2025 dated 22.01.2025 under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Anup Gupta

...Petitioner

Mr. Dev Kumar Sharma ...for the petitioner Ms. Faria Hossain, Ld. A.P.P.

Ms. Mausumi Sarkar ...for the State 1.

Affidavit-of-service submitted in Court be taken on record.

2.

Both the petitioner and the defacto complainant are adults. There is a past relationship apparently between them.

3.

The police complaint was lodged on the basis of alleged refusal to marry after holding out such promise.

4.

Considering the materials on record and the fact that both the petitioner and the defacto complainant are adults, we grant anticipatory bail to the petitioner.

5.

Accordingly, we direct that in the event of arrest the petitioner will 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 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 and on further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted without further reference to this Court.

6.

This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.) (Smita Das De, J.)