Swapna Das Acharya And ANR. v. State Of West Bengal
22.04.2026 Sl. No.14 Ct. 28 NB C.R.M (A) 1161 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur PS FIR Case No.809/21 dated 09.11.2021 under Sections 420/406 of the Indian Penal Code.
And In the matter of: Swapna Das Acharya & Anr.
... petitioners Mr. Raja Biswas, Mr. Abhijit Sarkar, Ms. Trisha Saha.
...for the petitioner.
Mr. Anupam Das Adhikari, Ms. Pallavi Priyadarshee.
....for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the wife and the daughter of the principal accused. They were not charge sheeted at the first instance. It is only after the protest petition was filed that further investigation was directed pursuant to which a supplementary charge sheet was submitted against the present petitioners. The dispute, if any, is purely civil in nature. A civil suit is pending at Delhi.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that the main allegations are against the principal accused. Considering the above, the other materials available in the case diary, the alleged roles ascribed to the present petitioners, the fact that the principal accused was arrested and thereafter granted bail and the fact that supplementary charge sheet has already been
submitted, I am inclined to grant anticipatory bail to the present petitioners.
Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and the shall regularly attend the jurisdictional Court. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)