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Calcutta High CourtCRM (A)/2582/2025allowed

Debu Das v. State Of West Bengal

2025-08-12Hon'Ble Justice Jay Sengupta2 pages

12.08.2025 Court No.28 Item No.46 ssi CRM (A) 2582 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Uttarpara PS Case No.108 of dated 02.06.2025 under Sections 318(4)/338/336(3)/340(2)/324(4)/3(5) of the BNS, 2023. And In the matter of: Debu Das ....Applicant/Petitioner.

Mr. Navanil De Ms. Monami Mukherjee ...for the petitioner Ms. Antarikhya Basu Mr. Sufi Kamal ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner and his four brothers and two sisters are the owners of a property. They inherited the property. However, the petitioner gifted away to his wife a portion of the property that would have been allocated to him and where the petitioner was staying. A title suit has also been filed by the de facto complainant. Learned counsel appearing on behalf of the State relies on the case diary and points to the statements of witnesses and the deed of gift, a copy of which was obtained from the Office of the Registrar. It appears there that the petitioner had falsely shown himself as the sole heir of the deceased.

Considering the materials available in the case diary, the fact that a civil suit is also pending over the same issue and some of the documents have been seized by the Investigating Agency, 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 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.)