Xxxxx v. State Of West Bengal And ANR

24/07/2025 D/L 52 Ct. No.28 S.Kundu C.R.M.(A) 2321 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Tehatta P.S. case no. 453/2025 dated 17.6.2025 under sections 110/117(2)/316(2)/70(1)/85 of the BNS.

In the matter of: XXX ... Petitioner Mr. Asraf Mandal ...for the petitioner.

Mr. Priayankar Ganguly Ms. S. Bairagi ...for the de-facto complainant.

Mr. Bidyut Kr. Roy Mr. Rahul Ganguly ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. Heard the learned counsels for the petitioner, the de-facto complainant and the State.

3. Perused the case diary.

4. It appears from the statement of the victim that as her first husband was not having any physical relationship with her, she went away with the petitioner, his brother, to Delhi where they got married and stayed together for five years. After that she was allegedly forced into prostitution. After about seven years from that, she lodged the FIR.

5. Considering the nature of allegations and 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.

6. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further conditions that the petitioner shall cooperate with the investigation and the petitioner shall not threaten or intimidate witnesses. The petitioner shall meet the I.O once a week till submission of report in final form and shall stay outside the jurisdiction of Tehatta Police Station for a period of four months except for attending the Court or meeting the Investigating Officer.

7. Accordingly, the application for anticipatory bail is allowed.

8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)