Rajkumar Bag And ANR. v. State Of West Bengal And ANR

08/12/2025 D/L - 8 Court No.28 S. Kundu Allowed C.R.M.(A) 3135 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Keshiary P.S case no. 161 of 2024 dated 7/8/2024 under Sections 363/365/341/323/354A/354B/376D/506/120B of the IPC.

In the matter of: Rajkumar Bag & Anr.

...Petitioners.

Mr. Pravash Bhattacharyya ...for the petitioners.

Mr. Kaushik Kundu Mr. Sachit Talukdar ...for the State.

1. Supplementary affidavit filed on behalf of the petitioners is taken on record.

2. Learned counsel appearing for the petitioners submits as follows. Over the similar allegations, the petitioners are being falsely implicated time and again. First, there was an allegation of kidnapping of the daughter. Then, there is an allegation that the mother was molested when she went to enquire about the daughter.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the case diary and on the statements of witnesses including that of the victim recorded before a Magistrate. However, local witnesses have not supported the prosecution case and the victim lady has refused to undergo medical examination.

4. Considering the above, the fact that there are pending litigations between the parties and the fact that chargesheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

5. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further condition that the petitioners shall not threaten or intimidate the witnesses. The petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date.

6. Accordingly, the application for anticipatory bail is allowed.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)