Jonab Sekh v. State Of West Bengal And ANR

20.05.2025 Court No.28 Item No.64 tbsr Allowed CRM (A) 1635 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnanagar Women P.S. Case No.112 of 2024 dated 14.12.2024 under Sections 329(3) / 64 / 62 / 115(2) / 79 / 117(2) / 109 / 303(2) / 351(2) / 3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Jonab Sekh ....Petitioner.

Mr. Sumanta Das Mr. Avilash Tripathi ...for the petitioner.

Ms. Sukanya Bhattacharya Mr. Asraf Mondal .....for the State.

Mr. Manas Kumar Das ....for the de facto complainant.

Learned counsel appearing on behalf of the petitioner submits as follows. The alleged victim is about 43 years old. After the victim's husband died, the petitioner and the victim developed a relationship. Due to some misunderstanding, the present FIR has been registered. Learned counsel appearing on behalf of the de facto complainant/victim files the Vakalatnama, which is taken on record and submits that certain misunderstandings had led to the registration of such FIR and the matter is being settled. Considering the nature of allegations and the materials available in the case diary and the fact that charge sheet has been submitted, I do not find that custodial interrogation of the petitioners is required in this case. However, considering the statements of local witnesses

it will be prudent to restrict the movement of the petitioner for a limited period.

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, shall attend the learned jurisdictional Court on dates fixed and shall stay outside the jurisdiction of Chapra P.S. for a period of six months from this date except for meeting the I.O. or attending the jurisdictional Court. 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.)