← Library
Calcutta High CourtCRM (A)/3670/2025allowed

Asif Ansary v. State Of West Bengal

2025-11-27Hon'Ble Justice Jay Sengupta2 pages

27/11/2025 D/L - 57 Court No.28 S. Kundu Allowed C.R.M.(A) 3670 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Hura P.S case no. 153 of 2025 dated 17.9.2025 under sections 108/351(2)/3(5) of the BNS.

In the matter of: Asif Ansary

...Petitioner.

Mr. Aritra Bhattacharyya ...for the petitioner.

Mr. Subhamay Bhattacharyya Ms. Jonaki Saha ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. It is alleged in the FIR that when the de-facto complainant was away for work, the petitioner went to the house of the de-facto complainant and met his daughter. After he was caught coming out of the house by the neighbours, he agreed to get married with the alleged victim/daughter. But, later on, allegedly at the incidence of his uncle, the petitioner refused to marry the girl. This led the girl to commit suicide. The uncle and some others were granted anticipatory bail.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the post-mortem report and the statements of witnesses.

3. It will be for the Court to finally decide there is any element of abetment of suicide in this case.

4. However, considering the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

5. In the event of arrest, the petitioner 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 conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O once a week till submission of report in final form.

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.)