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Calcutta High CourtCRM (A)/2244/2025allowed

Abhijit Mal @ Bhopu v. State Of West Bengal And ANR

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

22.07.2025 Court No.28 Item No.54 tbsr Allowed CRM (A) 2244 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with Chatterjeehat P.S. Case No.130 of 2025 dated 12.06.2025 under Sections 376/417 of the Indian Penal Code.

And In the matter of: Abhijit Mal @ Bhopu ....Petitioner.

Mr. Brajesh Jha Mr. Neel Chakraborty Ms. Anushka Ghosh ....for the petitioner.

Mr. Rudradipta Nandy, ld. APP Ms. Suveni Banerjee ...for the State.

Mr. M. Nazar Chowdhury Ms. Priyanka Saha ....for the de-facto complainant Affidavit of service filed on behalf of the petitioner is taken on record.

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

Perused the case diary.

It appears from the statement of the victim lady recorded before the Magistrate that there was a long standing relationship between the two and they went to places together. The victim also alleged there that in the early part of 2024 she came to know that the petitioner was a married man. However, it appears that the present FIR was lodged only on 12.06.2025.

Considering the nature of allegations, the materials available in the case diary and the fact that there was a long standing relationship between the two adults, 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 present petitioner. 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 co-operate with investigation, shall not threaten or intimidate witnesses and shall meet the Investigating Officer once a fortnight till submission of charge sheet.

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.)