Chanchal Das @ Mithu Das v. State Of West Bengal And ANR

05.08.2025 Court No.28 Item No.46 tbsr Allowed CRM (A) 2178 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with New Balurghat Woman P.S. Case No.37 of 2025 dated 19.05.2025 under Sections 64/318(2)/351(3) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Chanchal Das @ Mithu Das ....Petitioner.

Mr. Kaushik Choudhury ...for the petitioner.

Mr. Sanjay Bardhan Mr. Tapas Kr. Saha ....for the State.

Mr. Biswajit Manna ....for the de facto complainant.

Heard the learned counsels for the parties.

Perused the case diary.

It appears that pursuant to direction passed by this Court, the petitioner has deposited his mobile phone to the Investigating Officer. It has been alleged in the FIR that on several occasions the accused called the victim and the victim went to him and was sexually assaulted. It is further alleged that the petitioner also took money from the victim to give her a job, but did not provide such job to her.

Considering the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner, however, by restricting the movement of the petitioner for a limited period.

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 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 further condition that the petitioner shall meet the I.O. once a week till submission of report in final form, shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Balurghat P.S. for a period of six months except for meeting the I.O. or attending the jurisdictional Court. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)