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Calcutta High CourtCRM (A)/2921/2025allowed

Swapan Chowdhury v. State Of West Bengal

2025-10-28Hon'Ble Justice Jay Sengupta2 pages

28.10.2025 Court No.28 Item No.10 ssi CRM (A) 2921 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Palashipara PS Case No.312 of 2025 dated 03.07.2025 under Sections 85/117(2)/115(2)/109/ 3 (5) of BNS 2023.

And In the matter of: Swapan Chowdhury.

....Applicant/Petitioner.

Mr. Asraf Mandal ...for the petitioner Mr. S. S. Imam Md. Kutubuddin ...for the State Report filed on behalf of the State is taken on record. According to the subsequent statement of the alleged victim recorded before a learned Magistrate, there was a dispute with the husband. In fact, the husband had beaten her up. But, thereafter, there was a settlement and the alleged victim was staying together at the matrimonial house.

In view of this, it will not be prudent to pass any order that will jeopardize the marital ties of the couple in question. In view of the above 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.

However, 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 condition that the petitioner shall co-operate with investigation and shall not threaten or intimidate the witnesses. 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.)