Calcutta High CourtCRM (A)/33/2026allowed

Amit Kumar Das v. State Of West Bengal

2026-02-16Hon'Ble Justice Jay Sengupta2 pages

16.02.2026 Sl. No.20 Ct. 28 NB C.R.M (A) 33 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rampurhat PS FIR Case No.688/2025 dated 22.11.2025 under Sections 85/109(1) of BNS, 2023.

And In the matter of: Amit Kumar Das ... petitioner Mr. Devi Priya Mitra.

...for the petitioner.

Mr. Saibal Bapuli, Mr. Tirthankar Dhali.

...for the State.

Report filed on behalf of the State is taken on record. Heard the learned counsels for the petitioner and the State.

Perused the case diary and the subsequent statement of the 14 year old daughter of the couple in question recorded before the learned Magistrate.

Considering the above, the other materials available in the case diary and the fact that the marriage between the couple took place about 15 years ago and there was no prior complaint made, 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.

Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a week till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)