Bhabesh Das and Ors. Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

Bhabesh Das and Ors. Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed for petitioner nos. 1, 3, 5 and 6: in the event of arrest, bail of Rs. 5,000/- each with one registered surety of like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda and to abiding by the provisions of Section 482(2) of the BNSS; application dismissed as infructuous for already-arrested petitioner nos. 2 and 4.

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the accused petitioners in connection with Chanchal Police Station Case No.425 of 2024 dated 08.04.2025. +2 more

Court's answer

In the event of arrest, petitioner nos. 1, 3, 5 and 6 may find bail of Rs. 5,000/- each with one registered surety of like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda, on condition that they abide by the provisions of Section 482(2) of the BNSS.

Ratio / Principle

As petitioner nos. 2 (Tetli Das) and 4 (Uday Das) have already been arrested, the anticipatory bail application in respect of them has become infructuous and is dismissed.

Key takeaways

Perusal of the case diary and the Section 183 BNSS statement discloses no much incriminating materials against petitioner nos. 1, 3, 5 and 6; accordingly their prayer for anticipatory bail is allowed.ratio¶¶14

Detailed headnote1 paragraphs

CRM (A) 2088 of 2025, decided 03.10.2025 by Partha Sarathi Sen, J. — Anticipatory bail application under Section 482 of the BNSS, 2023 in connection with Chanchal Police Station Case No.425 of 2024 dated 08.04.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 10/11/9 of the Prohibition of Child Marriage Act, 2006. Petitioner nos. 2 (Tetli Das) and 4 (Uday Das) having already been arrested, the application as regards them was dismissed as infructuous. Investigation stood completed, the victim girl had been recovered, and her statement recorded under Section 183 of the BNSS disclosed no much incriminating material against petitioner nos. 1 (Bhabesh Das), 3 (Gobinda Das), 5 (Rupa Das @ Aparna Das) and 6 (Paban Das); their prayer for anticipatory bail was allowed — in the event of arrest, bail of Rs. 5,000/- each with one registered surety of like amount, before the learned Additional Chief Judicial Magistrate, Chanchal, Malda, conditional on abiding by the provisions of Section 482(2) of the BNSS. CRM (A) 2088 of 2025 disposed of.

03.10.2025 137 SR Allowed

CRM (A) 2088 of 2025

In Re:- An application for Anticipatory Bail under Section 482 of the BNSS, 2023 in connection with Chanchal Police Station Case No.425 of 2024 dated 08.04.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 10/11/9 of the Prohibition of Child Marriage Act, 2006; .

And

In the matter of : Bhabesh Das & Ors. …. Petitioners.

Mr. Md. Wasim Akram …for the Petitioners Ms. Sonali Das Ms. Ananya De ...for the State 1. Heard learned Advocates for the petitioners and for the State at length.

1. Perused the entire materials as placed before this Court including the materials as available in the case diary.

1. At the very outset, learned Advocate appearing on behalf of the accused petitioners submits before this Court that the petitioner nos. 2 and 4 have already been arrested.

In view of such, the instant application for anticipatory bail in respect of the accused petitioner no. 2, namely, Tetli Das , and the petitioner no. 4, namely, Uday Das has become infructuous and is, thus, dismissed.

On careful perusal of the entire materials as available in the case diary, it reveals that the victim girl has already

2

been recovered and her statement was recorded under Section 183 of the BNSS,

It reveals that investigation has already been completed.

In the aforementioned statement as recorded under Section 183 of the BNSS, this Court finds no much incriminating materials as against the petitioner nos. 1, 3, 5 and 6. Accordingly, prayer for anticipatory bail is allowed.

It is, thus, ordered that in the event of their arrest the present accused petitioner no. 1. Bhabesh Das , petitioner no. 3. Gobinda Das , accused petitioner no. 5. Rupa Das @ Aparna Das and accused petitioner no. 6. Paban Das , may find bail of Rs. 5,000/- each with one registered surety of like amount each subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda on condition that they shall abide by the provisions of Section 482(2) of the BNSS.

Accordingly, CRM (A) 2088 of 2025 is disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Partha Sarathi Sen, J.)