Lakhan Das @ Lakshman Karmakar Das v. State Of West Bengal And ANR

19.05.2025 Court No.28 Item No.25 ssi CRM (A) 1445 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Baishnabnagar PS Case No.362 of 2024 dated 28.04.2024 under Sections 448/376/323/506/34 of the Indian Penal Code. And In the matter of: Lakhan Das @ Lakshman Karmakar Das ....Applicant/Petitioner.

Mr. Wasim Akram ....for the petitioner Mr. Nilanjan Adhikari Ms. Oindrila Sinha Mr. Nitin Sharma ...for the de facto Mr. Anwar Hossain Ms. Pallavi Priyadarshee ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. On the particular day, i.e., on 21.04.2024 the alleged victim, her husband and others assaulted the present petitioner. The wife of the petitioner lodged an FIR to such effect on 24.04.2024. But, as a counter blast, on 28.04.2024, the present FIR was lodged from the side of the victim. This is only a counter blast to pressurize the petitioner and the family members. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail and submits that the purported delay in lodging the FIR has been explained in the FIR itself.

Learned counsel appearing on behalf of the State relies on the statement of the victim recorded before the learned Magistrate as well as the statement of the independent and immediate post occurrence witness at page 14 of the case diary. The statement of

the independent witness clearly mentions that the perpetrator crime was caught by the local villagers and he was beaten up by them.

In view of the incriminating materials available in the case diary including the statements of the victim and the independent witness, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail to the petitioner is rejected.

(Jay Sengupta, J.)