Chanchal Das v. State Of West Bengal
20.05.2026 Sl. No.21 Ct. 28 NB C.R.M (A) 1339 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 Netaji Nagar PS Case No.243/2025 dated 29.10.2025 under Sections 85 read with Sections 316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 4 of the DP Act. And In the matter of: Chanchal Das ... petitioner Mr. Arun Kumar Maiti (Mohanty), Ms. Kaberi Sengupta Mohanty, Mr. R. R. Mohanty, Ms. Pusprita Chowdhury, Mr. Sourav Mitra, Mr. Debasis Bandopadhyay, Mr. Aniruddha Das.
...for the petitioner.
Mr. Krishnendu Bhattacharya, Mr. Somnath Adhikary.
...Amicus Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the father in law of the alleged victim. The marriage had taken place about 2 years ago. The husband and the mother in law of the alleged victim had earlier surrendered before the learned jurisdictional Court and were granted bail. Charge sheet has already been submitted. In fact, the present petitioner could not surrender as he is an aged person of frail health and has been in a bedridden condition for the last six years.
Learned Amicus assisting the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses including that of the victim. Some streedhan articles were seized. However, there is no injury report present in the case diary.
Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.
Accordingly, 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 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 petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer as and when required. 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.)