Anil Das @ Bhim And ORS. v. State Of West Bengal And ANR

23.12.2025 Court No.28 Item No.59 ssi CRM (A) 4136 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Kharagpur (Town) Police Station Case No.497 of 2025 dated 03.11.2025 under Sections 69/329(3)/115(2)/316(2)/318(4)/74/351 (2)/61 of the BNS.

And In the matter of: Anil Das @ Bhim & others.

....Applicants/Petitioners.

Mr. Navanil De Mr. Srinjan Ghosh ...for the petitioners Mr. Saibal Bapuli Ms. Baishakhi Chatterjee ..for the State Ms. Subhanwita Ghosh Mr. Souradeep Ghosh Mr. Lalit Jaiswal ...for the o.p.no.2 Learned counsel appearing on behalf of the petitioners submits as follows. The de facto complainant is the General Secretary of AITTUC. Since 2002, she had been in a romantic relationship with the petitioner in CRM (A) 4138 of 2025. It is alleged that since 2022, the said petitioner started distancing himself from the alleged victim. This possibly prompted her to finally lodge an FIR in the year 2025. The other accused, being the present petitioners in CRM (A) 4136 of 2025, are not related in any manner to the said relationship. The petitioner no.3 happens to be the sister of the said principal accused. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. She submits that threats have been given to murder the victim.

Learned counsel for the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and submits that the FIR was lodged pursuant to a complaint made before the learned Magistrate.

Considering the nature of allegations, the materials available in the case diary and the claim of the petitioner that there was a relationship between two consenting adults for a very long time, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners 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 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 conditions that the petitioners shall not threaten or intimidate the witnesses and shall co-operate with the investigation. The petitioner nos. 1 and 2 shall meet the I.O. once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)