Debjani Mitra v. State Of West Bengal

11.08.2025 Court No.28 Item No.50 ssi CRM (A) 2546 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Narendrapur PS Case No.399 of 2025 dated 29.03.2025 under Sections 105/3(5) of the BNS, 2023.

And In the matter of: Mrs. Debjani Mitra ....Applicant/Petitioner.

Mr. Apan Saha ...for the petitioner Md. Anwar Hossain Ms. Sudeshna Das ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the second wife of the victim deceased while the de facto complainant is the daughter of the first wife. The victim regularly used to come drunk. On the fateful night, he fell down and injured himself, which caused his death.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the case diary and points to the statement of the neighbours who said that there used to be altercations between the private parties over the issue of drinking. He also points to the post mortem report.

Considering the nature of allegations and the materials available in the case diary, 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.

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