Gopal Chatterjee @ Gopal Chatterjee v. State Of West Bengal And ANR

07.08.2025 Sl. No.34 Ct. 28 NB C.R.M. (A) 2470 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hirapur PS Case No.89/2025 dated 27.03.2025 under Sections 318(2)/318(4)/64 of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Gopal Chatterjee @ Gopal Chatterjee ... petitioner Mr. Ayan Bhattacharjee Sr.Adv., Mr. Kunal Ganguly.

...for the petitioner.

Mr. Saibal Bapuli, Mr. Rajes Jana.

...for the State.

Mr. Debapriya Samanta, Mr. Suhotro Palit, Mr. Akash Kumar Chakraborty, Ms. Riya Saha.

...for the de facto complainant.

Affidavit of service filed on behalf of the petitioner is taken on record.

Heard the learned counsels appearing on behalf of the petitioner, the State and the de facto complainant. It appears from the statement of the married lady aged about 41 years that the petitioner had sexually exploited the de facto complainant/victim on the promise of giving a job. Considering the fact that there was some kind of a relationship between the victim and the petitioner for a certain length of time and the other materials available in the case diary, I do not consider this to be a case where custodial interrogation of

the petitioner would be required and I am inclined to grant anticipatory bail to the petitioner.

Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall meet the Investigating Officer once a week till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being C.R.M. (A) 2470 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)