Calcutta High CourtCRM (A)/3097/2025allowed

Xxx v. State Of West Bengal

2025-09-26Hon'Ble Justice Jay Sengupta2 pages

26.09.2025 SL.06 Ct.No.28 NB CRM (A) 3097 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 Krishnagar Women P.S. Case No.33 of 2025 dated 29.03.2025 under Sections 85/316(2)/115(2)/109)/3(5) of the Bharatiya Nyaya Sanhita.

And In the matter of: XXX ... petitioner Md. Wasim Akram, Ms. Sabarina Parveen.

...for the petitioner.

Ms. Sonali Das, Mr. Manaranjan Mahata.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the wife of the brother in law of the de facto complainant. This is a counterblast to a case started by the petitioner alleging rape against the brother of the de facto complainant. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, she relies on the case diary including the injury report, which shows assault by the husband. Considering the materials available in the case diary and the alleged role attributed to the present petitioner and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the present 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 not threaten or intimidate witnesses or tamper with evidence in any manner, whatsoever.

The application for anticipatory bail being CRM (A) 3097 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.)