Abhijit Sadhu v. State Of West Bengal

08.05.2025 Court No.28 Item No.1 tbsr Allowed CRM (A) 1074 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnanagar Women P.S. Case No.12 of 2025 dated 30.01.2025 under Sections 85/115(2)/109/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 And In the matter of: Abhijit Sadhu ....Petitioner.

Mr. Sumanta Das Mr. Avilash Tripathi ....for the petitioner.

Mr. Md. Zubair Alam Ms. Sonali Bhar .....for the State.

Mr. Md. Sabbir Biswas ....for the de facto complainant Vakalatname filed on behalf of the de facto complainant is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The disputes that had led to the registration of instant FIR have being finally settled between the private parties. The couple is staying together. Incidentally, the marriage had taken place 17 years ago. The other in-laws were granted anticipatory bail Learned counsel appearing on behalf of the de facto complainant submits, upon instruction from the de facto complainant who is present in Court, that she does not have any objection if anticipatory bail is granted to the petitioner.

Learned counsel appearing on behalf of the State relies on the case diary and submits that the injury report does not show any visible mark on the body of the victim.

Considering the materials available in the case diary and after hearing the submissions advanced on behalf of the petitioner and the de facto complainant/victim, I do not think that custodial interrogation of the petitioner is required in this case. 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 condition that the petitioner shall cooperate with investigation and shall meet the I.O. as and when required and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)