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Calcutta High CourtCRM (A)/2172/2025allowed

Chitta Roy v. State Of West Bengal

2025-07-14Hon'Ble Justice Jay Sengupta2 pages

14.07.2025 SL.53 Ct.No.28 NB CRM (A) 2172 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 Raiganj P.S. Case No.169 of 2025 dated 23.02.2025 under Sections 85/109 of BNS, read with Section 3⁄4 of DP Act pending before the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur.

And In the matter of: Chitta Roy .... petitioner Mr. Amit Roy.

...for the petitioner.

Ms. Monisha Sharma, Mr. Sujoy Sarkar.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the de facto complainant. The marriage took place 10 years ago. However, upon "Salish", the two decided to stay separately. After all these, the de facto complainant instituted the present FIR. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail, refers to the statements of witnesses and the injury report, which does not show any grievous injury.

Considering the nature of allegations and the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, 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 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 he shall cooperate with the investigation and shall meet the Investigating Officer as and when required and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM (A) 2172 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.)