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Calcutta High CourtCRM (A)/3985/2025allowed

Saheb Das v. State Of West Bengal And ANR

2025-12-23Hon'Ble Justice Jay Sengupta2 pages

23/12/2025 D/L - 18 Court No.28 S. Kundu Allowed C.R.M.(A) 3985 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Sutahata P.S case no. 208 of 2025 dated 14/7/2025 under Sections 329(4)/351(2) of the BNS.

In the matter of: Saheb Das

...Petitioner.

Mr. Arnab Chatterjee Mr. Abhinaba Mukherjee ...for the petitioner.

Ms. Reshmi Khatun ...for the de-facto complainant.

Mr. Debrata Chatterjee Mr. S. Balial ...for the State.

1. Report filed on behalf of the State is taken on record.

2. Learned counsel appearing on behalf of the petitioner submits as follows. The dispute between the adverse parties arose out of the monetary transaction in respect of a dance school. On 19.6.2025, the petitioner's mother had lodged an FIR against the husband of the de-facto complainant alleging cheating and offences under the POCSO Act in respect of the sister of the petitioner. The present FIR was lodged as a counterblast on 14.7.2025, showing the date of occurrence as 12.6.2025. The petitioner has been falsely implicated in this case.

3. Learned counsel appearing for the de-facto complainant opposes the prayer for anticipatory bail.

4. Learned counsel appearing for the State relies on the case diary and points to the statements of the 17 year old

victim recorded before the learned Magistrate and the statements of her relatives. The petitioner had refused to undergo the medical examination.

5. Considering the fact that there are allegations and the counter-allegations, the materials available in the case diary including the statements of the victim and the fact that charge-sheet has been submitted, 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 not threaten or intimidate the witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and shall attend the Court regularly.

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.)