Ganesh Bor v. State Of West Bengal And ANR

16.10.2025 Serial no. 15 (Anticipatory bail) Srimanta (Allowed) CRM (A) 3475 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta Police Station Case No. 376 of 2025 dated 20.05.2025 under Sections 3(5)/329(4)/62/64 of Bharatiya Nyaya Sanhita, 2023 arising out of S. L. No. 1050 of 2025 pending before learned Additional Chief Judicial Magistrate, Tehatta, Nadia -AndIn the matter of : GANESH BOR ... ... Petitioner Mr. Asraf Mandal , Advocate ... ... For the Petitioner Mr. Saibal Bapuli, Ld. APP, Ms. Snigdha Saha , Advocates ... ...For the State Mr. Pipara Chakraborty, Mr. Priyankar Ganguly, Ms. Shalini Bairagi, Advocates ...For the De-facto Complainant.

1. Having heard the learned counsel for the petitioner and also taking into consideration the objection of the learned State counsel, I find that this is a fit case for granting anticipatory bail. It is also found that no Test Identification Parade was conducted. Furthermore, the victim lady refused to undergo medical examination.

2. I am inclined to grant anticipatory bail to the petitioner.

3. Accordingly, I direct that in the event of arrest the petitioner, namely, GANESH BOR shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and shall abide by the

conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to 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.

5. The application for anticipatory bail of the petitioner stands allowed.

6. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)