Nitin Bagaria v. State Of West Bengal

17.07.2025 Ct. No. 32 pg.

Allowed CRM (A) 2017 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Lake Town Police Station Case No.127 of 2025 dated 25.04.2025 under Sections 316(2)/351(2)/85 of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the learned Additional Chief Judicial Magistrate, Bidhannagar. And In the matter of : Nitin Bagaria ...... Petitioner Mr. Ayan Bhattacharjee, Sr. Counsel Mr. Apalak Basu Mr. Cedric Fernandez Mr. Sourav Roy ... For the petitioner Mr. Shiladitya Banerjee Mr. Saptarshi Chakraborty ... For the State 1.

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

2.

Learned senior counsel appearing on behalf of the petitioner has prayed for anticipatory bail on behalf of the petitioner by referring to the allegations made in the FIR. It is submitted that allegations made in the FIR are omnibus in nature like domestic violence, harassment and emotional cruelty etc. That apart, learned senior counsel appearing on behalf of the petitioner has also submitted that the petitioner/accused has already complied with the notice under Section 41A of the Code of Criminal Procedure (Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita).

3.

Learned counsel appearing on behalf of the State, on the other hand, has relied on the documents collected in the case

diary. It has been further submitted that charge sheet has already been submitted after investigation.

4.

Considering all facts and circumstances, the prayer for anticipatory bail in respect of the petitioner stands allowed. 5.

Accordingly, I direct that in the event of arrest, the petitioner, namely, Nitin Bagaria shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with one surety of like amount, 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 and also on 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 case of any violation, the jurisdictional Court shall be at liberty to cancel the anticipatory bail and to take all steps to ensure the production of the petitioner/accused in Court without further reference to this Court.

6.

Accordingly, CRM (A) 2017 of 2025 stands disposed of. 7.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 8.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Bibhas Ranjan De, J.)