Calcutta High CourtCRM (A)/4171/2025allowed

Xxxx v. State Of West Bengal And ANR

2026-01-30Hon'Ble Justice Jay Sengupta2 pages

30/01/2026 D/L - 17 Court No.28 S. Kundu Allowed C.R.M.(A) 4171 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Swarupnagar P.S case no. 188 of 2025 dated 20/3/2025 under sections 127(2)/64(2)/304(2)/336/351(3)/61(2) of the BNS.

In the matter of: XXX

...Petitioner.

Mr. Kallol Kr. Basu Md. Jannat Ul Fidous Mr. R. Hota Ms. Bgisha Basak ...for the petitioner.

Mr. Binoy Kr. Panda Mr. Santanu Talukder ...for the State.

1. Reports filed on behalf of the State are taken on record.

2. Learned counsel appearing on behalf of the petitioner submits as follows. A marriage took place between the petitioner and the alleged victim. Thereafter, the parents of the alleged survivor forcibly took her away. This prompted the petitioner's mother to lodge an FIR. After three days from this, the present FIR was lodged making wanton allegations against the petitioner. The petitioner has been falsely implicated in this case.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. However, he submits that although a memo of evidence disputed the genuineness of the Marriage Certificate, a further report has clearly

mentioned that the Marriage Certificate filed on behalf of the petitioner is genuine.

4. Considering the above, the other materials available in the case diary and the fact that there was a previous case lodged by the petitioner's mother regarding abduction of the alleged victim, 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 Investigating Officer once a fortnight 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.)