Sital Digar v. State Of West Bengal

25.03.2025 Serial no. 58 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 996 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goghat Police Station Case No. 16 of 2025 dated 10.01.2025 under Sections 126(2)/117(2)/74/76/352/351(2) of Bharatiya Nyaya Sanhita, pending before ACJM, Arambagh, Hooghly.

-AndIn the matter of : SITAL DIGAR ... ... Petitioner Mr. Suman Chakraborty, Advocate ... ... For the Petitioner Ms. Minoti Gomes, Mr. Arup Sarkar, Advocates ... ...For the State

1. Memo of evidence filed in Court be taken on record.

2. In an incident of assault, a lady suffered abrasion in the knee and some other parts of the body. None of the injuries were classified as grievous hurt.

3. Injured recorded a statement under Section 183 of the BNSS, 2023 where, she claims that her modesty was outraged by the petitioner. Incident took place at a public place.

4. Case diary does not contain any statement of any independent person corroborating any of the statements made by the injured victim on the score of outraging of modesty.

5. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

6. Accordingly, we direct that in the event of arrest the petitioner shall 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall report before 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.

7. Prayer for anticipatory bail of the petitioner is allowed.

8. CRM (A) 996 of 2025 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)