Anup Sarkar And ANR. v. State Of West Bengal

11.08.2025 Item No.10 Ct. No. 446 PG C.R.M.(A) 2716 of 2025 In Re:- An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Gangarampur Police Station Case No. 432 of 2025 dated 27.06.2025 under Sections 108/ 3(5)/351(2) of the Bharatiya Naya Sanhita, pending before the Court of the Learned Additional Chief Judicial Magistrate, Gangarampur, Dakshin Dinajpur And In the matter of : Anup Sarkar & Anr. ...... petitioners Ms. Minoti Gomes Mr. Jishan Iqbal ....for the petitioners Mr. Suman De, Ld. A.P.P.

Mr. Mainak Gupta ....for the State

1. Heard the submissions of both the learned advocates for the parties.

2. Perused the case diary.

3. On careful perusal of the materials available in the case diary, the contents of the F.I.R. and the allegations levelled against both the petitioners, who are the son and daughter of the de facto complainant, and the statements of the various witnesses recorded under section 180 of BNSS, it is seen the petitioner is a F.I.R. named accused and sufficient incriminating materials are found against the petitioner no.1 for which he cannot be favoured with the anticipatory bail.

Accordingly, the prayer of

anticipatory bail in respect of petitioner no.1 stands rejected.

4. Insofar as the petitioner no. 2 is concerned, in the absence of any such material, this Court is inclined to grant anticipatory bail to the petitioner no. 2 subject to fulfillment of conditions stipulated in Section 482(2) of BNSS.

5. Accordingly, it is directed that in the event of arrest the petitioner no. 2 shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), 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 482(2) of BNSS.

6. This application for anticipatory bail is, thus, disposed of. (Chaitali Chatterjee (Das), J.)