Nitin Bagaria Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Nitin Bagaria Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Nitin Bagaria: in the event of arrest, release on bail upon a bond of Rs.10,000/- with one surety of like amount, to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and appearance before the jurisdictional Court on every date; CRM (A) 2017 of 2025 disposed of.

Issue for consideration

Whether the petitioner, Nitin Bagaria, should be granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Lake Town Police Station Case No. 127 of 2025.

Ratio / Principle

Considering all facts and circumstances, the prayer for anticipatory bail in respect of the petitioner Nitin Bagaria is allowed.

Key takeaways

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 one surety of like amount, to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, and on condition that the petitioner appears on every date before the jurisdictional Court; on any violation, the jurisdictional Court may cancel the anticipatory bail and secure his production without further reference to this Court.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — Application by Nitin Bagaria in connection with Lake Town Police Station Case No. 127 of 2025 (Sections 316(2)/351(2)/85, Bharatiya Nyaya Sanhita, 2023), pending before the learned Additional Chief Judicial Magistrate, Bidhannagar — FIR allegations described by counsel as omnibus (domestic violence, harassment, emotional cruelty); petitioner stated to have complied with notice under Section 41A CrPC / Section 35(3) BNSS; charge sheet already submitted — Prayer allowed: in the event of arrest, release on bond of Rs.10,000/- with one surety of like amount, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and appearance before the jurisdictional Court on every date; jurisdictional Court at liberty to cancel on violation — Application disposed of.

37 17.07.2025 Ct. No. 32 pg. Allowed

CRM (A) 2017 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Lake Town Police Station Case No. 127 of 2025 dated 25.04.2025 under Sections 316(2)/351(2)/85 of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the learned Additional Chief Judicial Magistrate, Bidhannagar.

And

In the matter of : Nitin Bagaria

...… Petitioner Mr. Ayan Bhattacharjee, Sr. Counsel Mr. Apalak Basu Mr. Cedric Fernandez Mr. Sourav Roy … For the petitioner Mr. Shiladitya Banerjee Mr. Saptarshi Chakraborty … For the State

The instant application has been filed with a prayer for anticipatory bail.

Learned senior counsel appearing on behalf of the petitioner has prayed for anticipatory bail on behalf of the petitioner by referring to the allegations made in the FIR. It is submitted that allegations made in the FIR are omnibus in nature like domestic violence, harassment and emotional cruelty etc. That apart, learned senior counsel appearing on behalf of the petitioner has also submitted that the petitioner/accused has already complied with the notice under Section 41A of the Code of Criminal Procedure (Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita).

Learned counsel appearing on behalf of the State, on the other hand, has relied on the documents collected in the case

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diary. It has been further submitted that charge sheet has already been submitted after investigation.

Considering all facts and circumstances, the prayer for anticipatory bail in respect of the petitioner stands allowed .

Accordingly, I direct that in the event of arrest, the petitioner, namely, Nitin Bagaria shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with one surety of like amount, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS and also 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 in case of any violation, the jurisdictional Court shall be at liberty to cancel the anticipatory bail and to take all steps to ensure the production of the petitioner/accused in Court without further reference to this Court.

Accordingly, CRM (A) 2017 of 2025 stands disposed of.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.