Uttam Kumar Thakur v. The State Of West Bengal And ANR

18.06.2025 Serial no. 60 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 389 of 2025 In re : An Application under Section 482 of the BNSS, 2023/ Section 438 of the Cr.P.C. in connection with Siliguri Women P.S. Case No. 48 of 2025 dated 01.06.2025 under sections 69/351(2) of BNS, 2023 corresponding to PTN Case No. 3069 of 2025.

-AndIn the matter of : Uttam Kumar Thakur ... Petitioner(s) Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Mr. S. Kumar Ms. Sayantani Das ... for the petitioner(s) Mr. Ujjwal Luksom Ms. Namrata Das ... for the State Learned advocate for the petitioner submits that the petitioner is the elder bother of the principal accused and the allegations against him is that he is restraining his brother from marrying the defacto-complainant who is a tribal woman.

Learned advocate further submits that there are no accusations against the present petitioner so far as the offence under Section 69 is concerned. However, there are

accusations to the extent that the present petitioner objected to the marriage with the victim.

Learned advocate for the state opposes the prayer for bail and draws the attention of the court to the statement of the witnesses.

I have considered the materials appearing against the present petitioner and I am of the view that custodial interrogation of the present petitioner is not required in the facts and circumstances of the present case.

Accordingly, prayer for anticipatory bail of the petitioner is Allowed.

As such, I direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is further directed that the petitioner shall once in a week till charge-sheet is submitted meet with the investigating officer of the case until and unless the same is modified by the ACJM, Siliguri. Accordingly, CRM(A) 389 of 2025 is disposed of. Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)