Somenath Kesh v. State Of West Bengal

AD 36 July 30, 2025 Ct. 28 SG CRM(A) 2360 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Asansol South P.S. Case No.215 of 2024 dated 28.06.2024 under Sections 406/420/463/468/506/120B of the IPC.

And In the matter of:

Somenath Kesh ... petitioner Ms. Sreemoyee Mukherjee ... for the petitioner Mr. Anand Keshari Mr. Dattatreya Dutta ... for the State Heard learned counsels for the parties.

Perused the case diary.

Considering the fact that there are two civil suits pending over the dispute between the private parties and the FIR was allegedly lodged eight months after the knowledge of alleged commission of offence and in view of the case that the case is based on documentary evidence, bulk of which has been seized, 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.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten

thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)