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Calcutta High CourtCRM (A)/2925/2025allowed

Rina Das v. State Of West Bengal

2025-09-12Hon'Ble Justice Jay Sengupta3 pages

12.09.2025 Court No.28 Item No.36, 224 ssi CRM (A) 2925 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Contai PS Case No.390 of dated 23.06.2025 under Sections 126(2)/115(2)/117(7)/137(2)/108/3 (5) of the BNS 2023. And In the matter of: Smt. Rina Das.

....Applicant/Petitioner.

CRM (A) 3129 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Contai PS Case No.390 of dated 23.06.2025 under Sections 126(2)/115(2)/117(7)/137(2)/108/3 (5) of the BNS 2023. And In the matter of: Almaruf Khan @ Babu Khan ....Applicant/Petitioner Mr. Mirza Firoj Ahmed Begg Ms. Pusmita Das ...for the petitioner in CRM (A) 2925 of 2025 Mr. Arijit Ganguly Mr. Rajes Jana ...for the State in CRM (A) 2925 of 2025 Mr. A. Tripathi Ms. Sayantika Sahu ..for the de facto in CRM (A) 2925 of 2025 Mr. Sharequl Haque ...for the State in CRM (A) 3129 of 2025 As the two anticipatory bail applications relate to the same case, they are taken up for hearing together.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner in CRM (A) 2925 of 2025 is an unmarried sister of the alleged victim. The wife of the younger brother, who was the victim deceased, was a greedy person. She wanted the property in question including the share in property of others to be conveyed to

them. This led to a dispute. The petitioner in CRM (A) 3129 of 2025 is a person against whom an allegation is made that he was having an illicit relationship with the other petitioner and on the particular day, he had beaten up the victim deceased. It is germane to mention that the petitioner Rina Das was assaulted by the other side. She had to be treated medically between 12.06.2025 and 19.06.2025 while the alleged incident of suicide took place on 16.06.2025. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. He submits that the lady petitioner is a councilor of the ward in question. She is a very influential person and is having an illicit relationship with the petitioner in the other application.

When the de facto complainant and others protested to such relationship, there was altercation. The petitioner, Babu Khan, beat up the victim deceased. Due to such torture and atrocities, the victim committed suicide. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the post mortem report, the statements of witnesses and the statements of the de facto complainant contained at page 28 of the case diary.

Considering the materials available in the case diary and the alleged roles ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner, Smt. Rina Das, in CRM (A) 2925 of 2025, the application for anticipatory bail to the petitioner Almaruf Khan @ Babu Khan in CRM (A) 3129 of 2025 is rejected. Accordingly, the application for anticipatory bail of the petitioner Smt. Rina Das in CRM (A) 2925 of 2025 is allowed.

In the event of arrest, the petitioner, Smt. Rina Das in CRM (A) 2925 of 2025 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, Smt. Rina Das, shall not threaten or intimidate witnesses and shall co-operate with investigation.

The local police shall keep a vigil and see that no breach of peace takes place at the locale.

The applications for anticipatory bail are, thus, disposed of. (Jay Sengupta, J.)