Petitioner No. 1 And ORS. v. State Of West Bengal And ANR

AD 89 May 14, 2026 Ct. 28 SG CRM(A) 882 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Keshpur P.S. Case No.55 of 2026 dated 08.02.2026 under Sections 126(4)/115(2)/109(1)/65(1)/76/351(3)/3(5) of the BNS, 2023.

And In the matter of: XXX and others ... petitioners Mr. Pinak Kumar Mitra Ms. Ankita Dutta ... for the petitioners Mr. Koustav Lal Mukherjee ... Amicus Learned counsel for the petitioners submits that the petitioners are the relatives of the principal accused. The allegations made in the FIR are to the effect that the principal accused had forcibly taken the minor victim to a place and sexually assaulted her. After the incident when the family members of the victim went to complain to the family members of the principal accused, they were roughed up.

Learned Amicus, assisting the State, opposes the prayer for anticipatory bail and relies on the case diary, the statements of witnesses and the medical papers. He submits that the main allegations are against the principal accused who was arrested and is still in custody.

Considering the above, the other materials available in the case diary, the alleged role ascribed to each of the

present petitioners and the fact that the principal accused was arrested and is still in custody and charge-sheet has been submitted, while I am inclined to grant anticipatory bail to the petitioners, the movement of the petitioner Nos.3, 4, 5 and 7 shall remain restricted for a limited period. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.

10,000/- (rupees ten thousand) each 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 the further conditions that the petitioners shall surrender before the jurisdictional court within four weeks from this date and pray for bail, shall attend the jurisdictional court regularly, shall not threaten or intimidate witnesses and the petitioner Nos.3, 4, 5 and 7 shall stay outside the jurisdiction of Keshpur Police Station for a period of three months except for attending the jurisdictional court or meeting the investigating officer.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)