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Calcutta High CourtCRM (A)/1576/2026allowed

Pradyut Das v. State Of West Bengal

2026-06-12Hon'Ble Justice Jay Sengupta3 pages

12.06.2026 Court No.28 Item No.267 tbsr Allowed CRM (A) 1576 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Code of Criminal Procedure in connection with Hasnabad P.S. Case No.398 of 2026 dated 30.05.2026 under Sections 342 / 448 / 323 / 365 / 354 / 354B / 427 / 506 / 34 of the Indian Penal Code. And In the matter of: Pradyut Das ....Petitioner.

Mr. Mayukh Mukherjee Ms. Priyanka Bhattacharya Ms. Sharmistha Basak ...for the petitioner.

Mr. Navanil De Mr. Shoumilya Mazumder Mr. Souvik Ganguly ....for the de facto complainant.

Mr. Krishnendu Bhattacharya Mr. Soumya Raha .....for the State.

Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has recently resigned as the Councillor of Taki Municipality. The de facto complainant is also a political figure. After four years and four months from the alleged date of occurrence, the de facto complainant falsely alleged that she had been forcibly taken inside a guest house, where she was kept confined for some time. She also alleged that she was inappropriately touched there. It is incredulous that, she did not find the courage to lodge any FIR all this long.

Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statement of the alleged victim and the statements of other witnesses. He submits that a requisition was made for obtaining CCTV footage from the guest house. But, it was stated that no CCTV footage was retained for such a long period. The de facto complainant has also alleged that subsequent threats were given from the side of the petitioner.

Considering the above, the other materials available in the case diary and the delay of four years and four months in lodging the FIR, although I am inclined to grant anticipatory bail to the petitioner, his movement shall remain restricted 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 cooperate with investigation, shall not threaten or intimidate witnesses and shall meet the I.O. once a fortnight till submission of report in final form and shall stay outside the jurisdiction of Hasnabad P.S. for a period of four months except for meeting the Investigating Officer or attending the jurisdictional Court. The application for anticipatory bail is, thus, allowed.

The presence of the Investigating Officer is noted and is dispensed with.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)