Sweta Agarwal v. State Of West Bengal

AD 39 July 02, 2025 Ct. 28 SG CRM(A) 1872 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram P.S. Case No.0122 of 2025 dated 16.05.2025 under Sections 316(2)/318(1)/318(2)/318(3) of the BNS, 2023.

And In the matter of:

Sweta Agarwal ... petitioner Mr. Krishnendu Bhattacharya Mr. Subham Chatterjee Mr. Rajib Mullick Ms. Sonia Mukherjee ... for the petitioner Ms. Faria Hossain, ld. APP Ms. Mausumi Sarkar ... for the State Learned counsel for the petitioner submits that there is a continuous business transaction between the petitioner and the de facto complainant. TDS documents show that over a period of time out of total dues of Rs.81 lakh, Rs.76 lakh was paid to the de facto complainant.

Learned counsel for the State opposes the prayer for anticipatory bail and submits that as per the statements of relevant witnesses, out of total dues of Rs.26,83,000/-, only a sum of Rs.7 lakh was paid.

Considering the nature of allegations and the fact that the dispute has a predominantly civil flavour, 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/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation and the petitioner shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)