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Calcutta High CourtCRM (A)/3736/2025allowed

Yyyy v. State Of West Bengal And ANR

2025-11-28Hon'Ble Justice Jay Sengupta2 pages

28/11/2025 D/L - 59 Court No.28 S. Kundu Allowed C.R.M.(A) 3736 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Baguiati P.S case no. 525 of 2025 dated 24.8.2025 under sections 69/115(2)/316(2)/351 of the BNS.

In the matter of: XXX

...Petitioner.

Ms. Minoti Gomes Mr. D. Banerjee ...for the petitioner.

Mr. Debabrata Chatterjee Mr. S. Chakraborty ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner and the alleged victim were in a relationship and were admittedly living together in an apartment. It has been falsely alleged that the petitioner had taken away some jewellery and left. In fact, the petitioner is now not being allowed to enter the flat in question, which is being occupied by the alleged victim.

2. Learned counsel appearing for the de-facto complainant opposes the prayer for anticipatory bail. She submits that the Sessions Court had rejected the prayer for anticipatory bail of the petitioner.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

4. It appears that there was a live-in relationship between the two for a considerable period of time and the prime

grievance is that the petitioner had left with some money and jewellery.

5. Considering the above and the other 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.

6. 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.

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

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

(Jay Sengupta, J.)