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Calcutta High CourtCRM (A)/2269/2025allowed

Arup Sen Adn ANR. v. State Of West Bengal

2025-07-22Hon'Ble Justice Jay Sengupta2 pages

22.07.2025 Court No.28 Item No.65 ssi CRM (A) 2269 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Baguiati PS Case No.396 of 2025 dated 21.06.2025 under Sections 109/115 (2)/117(2)/85/316(2)/351(2)/3(5) of the BNS, 2023. And In the matter of: Arup Sen & another.

....Applicants/Petitioners.

Mr. Amajit De ...for the petitioners Mr. Bidyut Kr. Roy Ms. Diksha Ghosh ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents-in-law of the alleged victim/de-facto complainant. The marriage between the couple took place in 2019. The wife assaulted the husband on 16.04.2025 for which he had to undergo some treatment. On 21.04.2025, the petitioner no.1 lodged a complaint against the de-facto complainant before different authorities for certain wrong doings. The husband was again constrained to lodge a G.D. entry in this regard on 16.06.2025. As a counter blast, the wife lodged the present FIR on 21.06.2025.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and relies on the case diary including the medical prescription which does not show inflicting of any significant injury as well as the statements of witnesses.

In view of the materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners. Accordingly, the application for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners 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 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 conditions that the petitioners shall not threaten or intimidate witnesses and shall co-operate with investigation. The petitioner no.1 shall meet the I.O. as and when required.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)