Eti Adhikary @ Iti Adhikary Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Eti Adhikary @ Iti Adhikary Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner under Section 482 of the BNSS, 2023: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, and abstention from threatening or intimidating witnesses.

Issue for consideration

Whether the petitioner, arraigned in Kharagpur Local Police Station Case No.717 of 2025 under Sections 316(2)/316(5)/351(2) of the BNS, 2023 concerning non-distribution of sale proceeds of two ancestral properties, is entitled to anticipatory bail under Section 482 of the BNSS, 2023.

Court's answer

Anticipatory bail is granted to the petitioner, the Court being inclined to grant relief also in view of the fact that the matter involves a civil dispute alongside the criminal allegations.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, and further subject to cooperating with the investigation and not threatening or intimidating witnesses.

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — CRM(A) 3037 of 2025, decided November 3, 2025 (Jay Sengupta, J.). Application for anticipatory bail in connection with Kharagpur Local Police Station Case No.717 of 2025 dated 08.08.2025 under Sections 316(2)/316(5)/351(2) of the BNS, 2023, alleging that proceeds of consideration money for the sale of two ancestral properties (shown as Rs.17 lakhs in the conveyance) were not distributed among all heirs; the de facto complainant and the State additionally alleged undervaluation of the properties. The case diary showed the sale was effected through a power of attorney holder who is the accused and a cosharer. Noting the involvement of a civil dispute, the Court granted anticipatory bail: release in the event of arrest on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, and no threatening or intimidation of witnesses. Application allowed.

AD 24 November 3, 2025 Ct. 28 SG

CRM(A) 3037 of 2025

Allowed

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharagpur Local Police Station Case No.717 of 2025 dated 08.08.2025 under Sections 316(2)/316(5)/351(2) of the BNS, 2023. And In the matter of: Eti Adhikary @ Iti Adhikary … petitioner Mr. Kusal Kumar Mukherjee Mr. Koushik Das Mr. Sayan Das … for the petitioner Ms. Rituparna De Ghose Mr. Atanu Ghosh … for the State Mr. Debarshi Brahma Mr. Subarna Bank … for the de facto complainant

Learned counsel for the petitioner submits that it has been alleged in the FIR that the proceeds of consideration money regarding the sale of two ancestral properties were not distributed amongst all the heirs. The consideration money shown in the conveyance was Rs.17 lakhs. Without prejudice, the petitioner had already deposited a sum of Rs.3 lakhs before the learned Jurisdictional Court. There was no allegation made in the FIR that the properties were undervalued.

Learned counsel for the de facto complainant strongly opposes the prayer for anticipatory bail and submits that in addition to nonpayment, the properties had been undervalued.

2

Learned counsel for the State refers to the statements of witnesses and submits that the petitioner did not even respond to the notices given. The properties were also grossly undervalued.

It appears from the case diary that the sale was affected through a power of attorney who is the accused herein and a cosharer. Copy of the power of attorney given in this regard is also present in the case diary.

Considering the above and in view of the fact that the matter also involves a civil dispute, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, 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, 2023 and on the further conditions that the petitioner shall cooperate with the investigation and the petitioner shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)