Calcutta High CourtCRM(A)/561/2025allowed

Dhawani P. Jivani @ Dhawani Soni v. The State Of West Bengal And ORS.

2025-07-28Hon'Ble Justice Bibhas Ranjan De3 pages

28.07.2025 IN THE HIGH COURT AT CALCUTTA Item No.14 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION KS C.R.M.(A) 561 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Siliguri Police Station Case No.83 of 2025 dated 08.01.2025 under Sections 316(2)/ 318(2)/318(4)/61(2) of the B.N.S., 2023.

And In the matter of: Smt. Dhawani P Jivani @ Dhawani Soni ......Petitioner Mr. Subhankar Dutta Mr. N. Roy Ms. S. Mitra ....For the Petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Sourav Ganguly ....For the State Mr. Deborshi Dhar Ms. Taniya Bhowmick .....For the de facto complainant

1. Learned counsel appearing on behalf of the petitioner has prayed for anticipatory bail submitting, inter alia, that the other co-accused person was already granted anticipatory bail by the Co-ordinate Bench in connection with the CRM (A) 271 of 2025.

2. Learned counsel appearing on behalf of the State has submitted that so many notices were sent to the petitioner but those notices were not complied with at the behest of the petitioner and for such noncooperation on the part of the petitioner, he has opposed the prayer for anticipatory bail.

3. Learned counsel appearing on behalf of the de facto complainant has opposed the prayer for anticipatory bail.

4. However, considering the given facts and circumstances, as alleged in this case, I find hardly any reason to disallow the prayer of the

petitioner also while keeping an eye to the observation of the Coordinate Bench. In that score, I also feel that the petitioner is entitled to grant of anticipatory bail on the basis of Rule of Parity.

5. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with the surety to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and on further condition that in case of any violation as laid down under Section 482(2) of the B.N.S.S., the jurisdictional Court shall be at liberty to pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without any further reference to this Court.

6. This application for anticipatory bail is, thus, allowed.

7. As a sequel, the application being, C.R.M.(A) 561 of 2025 stands disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. (Bibhas Ranjan De. J.)