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Calcutta High CourtCRM (A)/1160/2025allowed

Dipankar Ghosh v. State Of West Bengal And ANR

2025-04-10Hon'Ble Justice Jay Sengupta2 pages

10.04.2025.

26.

Ct. No. 28 PRITAM [ALLOWED] C. R. M. (A) 1160 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabadwip Police Station Case No.105 of 2025 dated 15.02.2025 under Sections 329(4)/115(2)/62/64/74/351(2)/3(5) of the BNS, 2023. And In Re: Dipankar Ghosh.

... ... petitioner.

Mr. Snehansu Majumder .... for the petitioner.

Mr. Pravas Bhattacharyya, Mr. Dipankar Mahata .... for the State.

1.

Affidavit-of-service filed on behalf of the petitioner be taken on record. Despite service, no one appears on behalf of the victim/de-facto complainant.

2.

Learned advocate appearing on behalf of the petitioner submits as follows. The petitioner's father had earlier lodged an FIR against the husband of the de-facto complainant. The instant case is only a counterblast in order to take revenge. No incident as alleged had actually taken place and the petitioner is absolutely innocent.

3.

The learned counsel appearing on behalf of the State submits as follows. The victim has given a statement before the Magistrate. However, the statements of the local witnesses are hearsay in nature. It does not appear that any statement has been recorded of the local witnesses although it was a prime

allegation of the de-facto complainant that the local witnesses came and saved the victim.

4.

In view of the materials in the case diary and the fact that charge-sheet has already been submitted, I am inclined to allow the petitioner's prayer for bail.

5.

Accordingly, I direct that in the event of arrest, the petitioner viz., Dipankar Ghosh be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall stay ouside the jurisdiction of the Nabadwip Police Station for a period of six months from date.

6.

The application for anticipatory bail being CRM (A) 1160 of 2025 is, thus, disposed of.

(Jay Sengupta, J.)