Jitarul Sk v. State Of West Bengal

14.05.2025 Court No.28 Item No.30 tbsr Allowed CRM (A) 1497 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with Khargram P.S. Case No.274 of 2023 dated 01.08.2023 under Sections 498A/304B/306/34 of the Indian Penal Code. And In the matter of: Jitarul Sk.

....Petitioner.

Ms. Ipsita Ghosh ....for the petitioner.

Mr. Bidyut Kumar Ray Mr. Sujan Chatterjee .....for the State.

Supplementary affidavit filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the alleged victim. Admittedly, the petitioner was not present at the time of occurrence. He had gone to Saudi Arabia for work on 24th July, 2022 and came back only in 2025. The principal accused was the father-in-law who along with other accused were granted anticipatory bail by a Division Bench of this Court earlier.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail and refers to the statements of witnesses available in the case diary.

Considering the nature of allegations, the alleged role ascribed to the present petitioner, the fact that charge sheet has been submitted and that the co-accused standing on same footing were granted

anticipatory bail by this Court, I am inclined to grant anticipatory bail to the present petitioner.

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 condition that the petitioner shall not threaten or intimidate witnesses and shall attend the jurisdictional Court on dates fixed.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)