Xxx And ORS v. State Of West Bengal And ANR

11/11/2025 D/L - 21 Court No.28 S. Kundu Allowed C.R.M.(A) 2672 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Lalgola P.S. Case no. 306 of 2025 dated 9.4.2025 under Sections 127(2)/64/351(2)/3(5) of the BNS.

In the matter of: XXX & Ors.

...Petitioners.

Md. Bani Israil Mr. Sayed Md. Sayud ...for the petitioners.

Mr. Debapriya Samanta Ms. Riya Sha ...for the De-facto complainant.

Mr. Pravash Bhattacharyya Ms. Sana Naaz ...for the State.

1. Report filed on behalf of the State is taken on record.

2. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents and the sister of the principal accused. They are in no way responsible for the alleged disappearance of the victim girl. In fact, the victim girl was recovered earlier. She made a statement before the Magistrate. It was only after the present application for anticipatory bail was fixed for hearing that a false allegation has been levelled by the defacto complainant that the victim girl has again been kidnapped.

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

submits that the victim girl had again been kidnapped. But, she has been recovered now.

4. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the report filed, which is taken on record and the case diary and submits that after recovery the victim has made a statement implicating the principal accused and stating that the petitioner no. 3 took her house after which the incident happened.

5. It appears that the victim girl has been recovered and has made a statement before the Magistrate.

6. Considering the materials available in the case diary, the alleged role ascribed to the petitioners, the fact that the principal accused is in custody and the fact that chargesheet has been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

7. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further conditions that the petitioners shall not threaten or intimidate the witnesses. The petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date.

8. Accordingly, the application for anticipatory bail is allowed.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)