Bikash Basuniya @ Bikas Basunia v. The State Of West Bengal

In The High Court at Calcutta In the Circuit Bench at Jalpaiguri 02.01.2025 CRM (A) 1006 of 2024 Sws.M/ct. 1 sl no. 102 In Re:An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with GR Case No.1886/2024 in Ghoksadanga Police Case No.616 of 2024 dated 09.11.2024 under section 64/115(2)/117(2)/3(5) of Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Bikash Basuniya @ Bikas Basunia ...... petitioner Mr. Bablu Mitra ...... for the petitioner Mr. Abhijit Sarkar Ms. Namrata Das ...... for the State This is an application seeking anticipatory bail. It is submitted that the petitioner had a romantic relationship with the victim. They were both majors and had an amicable relationship. The co-accused are on bail. Learned counsel for the State submits that petitioner is the principal accused and that there are sufficient materials on record to demonstrate the same.

Considering that the longstanding relationship between the petitioner and the accused is prima facie consensus and the nature of allegations made against the petitioner, we are inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail stands allowed.

We direct that in the event of arrest of the petitioner, namely, Bikash Basuniya @ Bikas Basunia shall be released on bail upon furnishing a bond of Rs. 20,000/- with two sureties of like amount each one of whom must be local to the satisfaction of the arresting officer and subject to the conditions that he shall appear before the Trial Court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

It is further directed that the petitioner shall meet the Investigating Officer of the case every week until further orders. This order shall remain operative for a period of four weeks from date within which the petitioner shall surrender before the Trial Court. The Trial Court is at liberty to consider the prayer for bail on its own merits without being influenced by any observations made by this Court.

With the above directions, CRM(A) 1006 of 2024 stands allowed.

(Ravi Krishan Kapur, J.) (Uday Kumar, J.)