Md Shahnawaz Alam v. State Of West Bengal And ANR

28/04/2025 D/L 60 Ct. No.28 S.Kundu C.R.M.(A) 1349 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Beniapukur police station case no. 24 of 2025 dated 1.2.2025 under Sections 69 of the BNS. In the matter of: Md. Shahnawaz Alam ... Petitioner Mr. Zohaib Rauf Mr. K. Dutta ...for the petitioner.

Ms. Faria Hossain Mr. S. Bose Roychudhuri ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. Despite service no one appears on behalf of the de-facto complainant.

3. Learned counsel appearing for the petitioner submits as follows. The victim is a married lady. The allegation is that of entering into a physical relationship with a promise to marry, but not keeping the same.

4. Learned counsel appearing for the State relies on the case diary and submits as follows. The victim earlier alleged that the petitioner entered into such relationship on false promise of marriage. In fact, she was in the family way in the process. However, she had given a letter to the I.O subsequently and had a statement recorded before the I.O that the matter was settled and she did not want to proceed with the matter.

5. In view of the above and the fact that the victim was a married lady at the time the false promise of marriage was allegedly given, I do not think that custodial interrogation of the petitioner is required in this case.

6. In the event of arrest, the petitioner 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 the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation, and the petitioner shall not threaten or intimidate witnesses.

7. Accordingly, the application for anticipatory bail is allowed.

8. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)