Sayanto Basak And ORS. v. State Of West Bengal And ANR
16.07.2025 SL.15 Ct.No.28 NB CRM (A) 1770 of 2025 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 Haringhata P.S. Case No.320 of 2025 dated 12.05.2025 under Sections 64/318(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Kalyani at Nadia.
And In the matter of: Sayanto Basak & Ors. .... petitioners Mr. Sumanta Das, Mr. Avilash Tripathi, Ms. Sayantika Sahoo.
...for the petitioners.
Mr. Md. Adil Badr, Mr. Kaustav Banerjee.
...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.
Heard the learned counsels for the parties.
Perused the case diary.
Considering the nature of allegations and the materials contained in the case diary, the fact that there was some kind of a relationship between two adults for a length of time, I do not think that custodial interrogation of the petitioners would be required and I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 they shall cooperate with the investigation and shall not threaten or intimidate witnesses and the petitioner no. 1 shall meet the Investigating Officer once a fortnight till submission of report in final form.
The application for anticipatory bail being CRM (A) 1770 of 2025 is, thus, allowed.
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.)