Petitioner v. State Of West Bengal And ANR

14.05.2026 Court No.28 Item No.107 ssi CRM (A) 954 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Ratua Police Station Case No. 271 of 2026 dated 06.03.2026 under Section 69 of the BNS 2023.

And In the matter of: XXX .... Petitioner Mr. A. Islam Mr.A. Sarkar Mr. R. Das ...for the petitioner Mr. Tapadip Gupta ..Amicus Notice and memo of evidence filed on behalf of the State are taken on record.

Despite service, no one appears on behalf of the de facto complainant/alleged victim.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a distant relation of the alleged victim. The victim was married to another person. Even as per the FIR, after an inducement was given by the petitioner that he would be marrying the alleged victim, a physical relationship was entered into. It was only after the relationship turned sour that the present FIR was lodged.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of witnesses including the statement of the alleged victim recorded before the learned Magistrate and the medico-legal examination report.

Considering the above, the other materials available in the case diary and the fact that there are some kind of relationship between the two for a particular period, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses.

The petitioner shall meet the I.O. once a week till submission of report in final form. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)