Amitosh Biswas v. State Of West Bengal And ANR

10.07.2025 SL No.40 Court No.32 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 1987 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta Police Station Case No. 358 of 2025 dated 15.05.2025 under sections 115(2)/117(2)/351(2)/329(3)/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 12/8 of the POCSO Act, 2012.

-AndIn the matter of: Amitosh Biswas

...Petitioner

Mr. Jaydeep Biswas Mr. Asraf Mandal Mr. Kaushik Ghosh ...for the Petitioner Mr. Shiladitya Banerjee Mr. Soumyadip Saha ...for the State Mr. Prabir Majumder Ms. Sangeeta Chakraborty ...for the de facto complainant

1. This instant application has been filed with a prayer for anticipatory bail.

2. Learned counsel appearing on behalf of the petitioner has submitted that there was a long standing dispute between two families and the family members of the petitioner were made accused in this case with all false allegations and moreover, the petitioner is not involved in any offence under the POCSO act.

3. Learned counsel appearing on behalf of the State has vehemently opposed the anticipatory bail prayer and relied on the case diary particularly the statement recorded under Section 180 of BNSS.

4. Learned counsel appearing on behalf of the de facto complainant has reminded this Court with respect to the factum of age of the victim.

5. After careful perusal of the case diary and particularly the involvement of the petitioner, I find no reason to disallow the prayer for anticipatory bail.

6. Accordingly, the application for anticipatory bail is, thus, allowed.

7. I direct that in the event of arrest, the petitioner will be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount of Rs. 5,000/- (Rupees Five Thousand only) each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of BNSS, and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

8. Thus, The application for anticipatory bail being C.R.M. (A) 1987 of 2025 stands disposed of.

(Bibhas Ranjan De, J.)