Calcutta High CourtCRM (A)/3723/2025allowed

Sourav Guha v. State Of West Bengal And ANR

2025-12-10Hon'Ble Justice Jay Sengupta2 pages

10.12.2025 Court No.28 Item No.13 tbsr Allowed CRM (A) 3723 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with New Town P.S. Case No. 179 of 2025 dated 08.09.2025 under Section 69 of the BNS, 2023.

And In the matter of: Sourav Guha Mr. Sumanta Das ...for the petitioner.

Mr. Pronojit Roy Mr. Arindam Bit .....for the de facto complainant.

Ms. Sreyashee Biswas Ms. Baishakhi Chatterjee ....for the State Report filed on behalf of the State is taken on record. Heard the learned counsels for the petitioner, the State and the de facto complainant.

The prosecution case is that as per the statement of the adult victim made before the learned Magistrate, she was in a live in relationship with the petitioner and the petitioner refused to marry her as he was a married man.

However, this is disputed by the petitioner. According to him there was no relationship whatsoever between the two. Considering the nature of allegations and that the claim of the alleged survivor that there was some time of a relationship between the two for a certain length of time, I do not think that custodial

interrogation of the petitioner is required in this case and I am inclined to grant to anticipatory bail to the petitioner. 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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall cooperate with investigation, shall not threaten or intimidate witnesses and shall meet the I.O. once a week till submission of report in final form.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)