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Calcutta High CourtCRM (A)/1302/2025allowed

Subhasis Purkait v. State Of West Bengal And ANR

2025-04-25Hon'Ble Justice Jay Sengupta2 pages

25.04.2025 Court No.28 Item No.34 ssi CRM (A) 1302 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Kharagpur (Local) P.S. Case No.113 of 2025 dated 04.02.2025 under Sections 376(2)(n)/506/406/417/465/468/120B of the Indian Penal Code. And In the matter of: Subhasis Purkait ....Applicant/Petitioner.

Md. Masudur Rahaman Paik Ms. Ahamina Nasrin ...for the petitioner.

Ms. Sukanya Bhattacharya Mr. Sharequl Haque ...for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a 37 years old doctor. The present de facto complainant was having a live-in relationship with him for some time. After that, she demanded money, which was refused. That is why the petitioner was abducted by her. A ransom call was made for extorting money. She was arrested in connection with the earlier FIR and was in custody for eighteen days before getting bail. Only after the release from custody, she filed the instant FIR by making an application before the learned Magistrate. The Magistrate did not undertake any inquiry as required in terms of Section 173 of the BNSS. The instant proceeding is only a counter blast against the original case filed for abduction of the present petitioner.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. She submits that a forged

marriage certificate was used by the petitioner. A sham marriage was entered into by way of notarizing such act. He did not disclose to the victim that he was a married man. He did not even return money given by the de facto complainant to him earlier. The petitioner has criminal antecedents.

In view of the allegations made in the instant case as well as in the case referred to on behalf of the present petitioner, I do not find that custodial interrogation of the petitioner would be required in this case.

In view thereof, the prayer for anticipatory bail is allowed. 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 meet the I.O. of the case once a week till submission of report in final form and shall not try to influence the witnesses or threaten them.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)