Bablu Ghosh v. State Of West Bengal And ANR
14.10.2025 Item no. 488.
Court No.6.
AB (Allowed) CRM (A) 3479 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta Police Station Case No.459 of 2025 Dated 20.06.2025 under Section 115(2)/64/74/85 of the B.N.S. 2023 And In the matter of : Bablu Ghosh ......Petitioner. Mr. Amanul Islam, Mr. Gourav Roy ......for the Petitioner.
Mr. Arijit Ganguly, Ms. Debjani Sahu ......for the State.
1.
The victim has been notified but none appears on her behalf.
2.
Having heard the Learned Counsel for the petitioner and also taking into consideration the objection of the State Counsel, I find that the petitioner was the father in law of the victim and though the victim has alleged sexual assault, there is no medical report in support of her such contention.
3.
Moreover, the case diary shows that she has refused to undergo any medical examination for ascertaining any sexual assault upon her.
4.
The injury report has shown that the victim suffered some physical assault. However, considering the materials on record, I am inclined to allow the prayer for
anticipatory bail of the petitioner, who is aged about 55 years.
5.
Accordingly, in the event of arrest, the petitioner, namely BABLU GHOSH shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6.
In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 7.
The application for anticipatory bail stands allowed. 8.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)