Bijoy Das v. State Of West Bengal And ANR

22.06.2026 Court No.28 Item No.37 ssi CRM (A) 1384 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Berhampore Police Station Case No. 414 of 2026 dated 16.03.2026 under Sections 69/115(2)/351(2) of the BNS 2023.

And In the matter of: Bijoy Das .... Petitioner Mr. Jisan Iqubal Hossain ...for the petitioner Mr. Krishnendu Bhattacharya, Ld. APP ..for the State Report filed on behalf of the State is taken on record. Despite service, no one appears on behalf of the de facto complainant.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case. There was a consensual relationship between the two adults for the last nine years. After the relationship turned sour, an FIR was registered. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail. He relies on the FIR, the medico legal examination report and the statements of witnesses, including that of the victim recorded before the learned Magistrate.

Considering the above, the other materials available in the case diary and the fact that there was some kind of a relationship between the two adults for a considerable period, 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.

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 conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of report in final form. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)