Binod Modi v. State Of West Bengal And ANR

18.08.2025 Court No.28 Item No.31 ssi CRM (A) 2445 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Asansol South PS Case No.202 of 2025 dated 13.06.2025 under Section 69 of the BNS, 2023.

And In the matter of: Binod Modi ....Applicant/Petitioner.

Mr. Apurba Kumar Datta Ms. Sreemoyee Mukherjee ...for the petitioner Mr. Amit Roy ...for the de facto Mr. Iqbal Kabir Mrs. Rituparna Saha ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. There was a consensual relationship between two adults. There was no question of promise to marry as the 35 years old alleged victim is married having four children.

Learned counsel appearing on behalf of the de facto complainant opposes the prayer for anticipatory bail.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He submits that the petitioner had not only promised to marry the victim, but had also taken to different places.

Considering the materials available in the case diary including the fact that the petitioner and the victim were acquainted with each other and had some kind of a relationship for sometime going to places together and the fact that the allegation is of promising to

marry an already married lady, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 conditions that the petitioner shall not threaten or intimidate witnesses and shall cooperate with investigation. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)