Dr. Devajit Bondyopadhyay v. State Of West Bengal

26.08.2025 SL.44 Ct.No.28 NB CRM (A) 2676 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 Rabindra Sarobar P.S. Case No.80 of 2025 dated 06.07.2025 under Sections 85/305/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Dr. Devajit Bondyopadhyay.

.... petitioner Mr. Antarikhya Basu, Mr. Shibasish Banerjee.

...for the petitioner.

Mr. S. S. Imam, Mr. Ratul Ghosh.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the de facto complainant. He has been falsely implicated in a case, inter alia, under Section 85 of the BNS. The marriage between the couple took place 27 years ago. The husband had been ousted from his own house. An altercation took place when the husband went to his own house to collect his clothes.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he admits that the petitioner has complied with the notice issued to him. The husband has an extra marital relationship with a lady.

Considering the above and other 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, 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 cooperate with the investigation and shall meet the Investigating Officer as and when required and shall not threaten or intimidate witnesses. The application for anticipatory bail being CRM (A) 2676 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.)