Animesh Biswas v. The State Of West Bengal And ANR

27.02.2025 Item No.40 Court No.26 Allowed CHC CRM (DB) 4425 of 2024 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Tehatta Police Station Case No. 748 of 2024 dated 08.10.2024 under Section 69 of BNS 2023 subsequently Charge sheet submitted on 29.11.2024 being Charge sheet no.936 of 2024 dated 29.11.2024 under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

-AndIn the matter of : Animesh Biswas ... ... Petitioner Mr. Kallol Mondal, Senior Advocate Mr. Amanul Islam, Advocate Mr. Sourav Mukherjee, Advocate Mr. Souvik Das, Advocate ... ... For the Petitioner Mrs. Manisha Sharma, Advocate Mrs. Sima Biswas Advocate ... ...For the State Mr. Susnigdho Bhattacharyya, Advocate Ms. Santa Bhattacharyya, Advocate ... .... For the de facto complainant

1. Police filed charge sheet.

2. Apparently, there was a relationship between the petitioner and the de facto complainant.

3. Allegation is that, the petitioner entered into a physical relationship with the de facto complainant on promise of marriage which was never fulfilled.

4. As to whether, the petitioner is guilty of the charges levelled as against him in the charge sheet may be decided at the trial if charges are so framed. Need for further detention of the petitioner does not appear from the materials on record.

5. In such circumstances, we are inclined to grant bail to the petitioner.

6. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Tehatta Nadia, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

7.

In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 8.

The prayer for bail of the petitioner is allowed. 9.

CRM(DB) 4425 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)