Tamanash Das v. State Of West Bengal And ANR

22.07.2025 SL.42 Ct.No.28 NB CRM (A) 2030 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 Serampore P.S. Case No.263 of 2025 dated 07.05.2025 under Sections 69 of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Serampore at Hooghly.

And In the matter of: Tamanash Das .... petitioner Mr. Debabrata Saha Roy Sr.Adv., Mr. Soumen Bhattacharjee, Mr. Ankan Das, Ms. Shradhya Ghosh.

...for the petitioner.

Mr. Ranabir Roy Chowdhury, Ms. Suveni Banerjee.

...for the State.

Mr. Mrityunjay Chatterjee, Ms. A. Poali, Ms. Suchismita Chakraborty.

...for the de facto complainant.

Heard the learned counsels appearing on behalf of the petitioner, the de facto complainant and the State. Perused the case diary.

Considering the nature of allegations and the materials available in the case diary including the statement of the victim which refers to a live in relationship for some time and the claim of the petitioner that he had instituted a prior complaint, I do not think that custodial interrogation of the petitioner is required and I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest, the petitioners 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 not threaten or intimidate witnesses and the petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form and shall stay outside the jurisdiction of Serampore Police Station for a period of four weeks from this date except for the purpose of attending the jurisdictional Court or for meeting the Investigating Officer.

The application for anticipatory bail being CRM (A) 2030 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.)