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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted; in the event of arrest the petitioner to be released on bail 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, co-operation with investigation, no threatening or intimidation of witnesses, fortnightly meetings with the I.O. till final report, and stay outside Islampur Police Station jurisdiction for two months except for attending the jurisdictional Court or meeting the Investigating Officer.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 BNSS in connection with Islampur Police Station Case No. 379 of 2025, considering the case diary materials, the delay in lodging the FIR and the alleged survivor's refusal to undergo medical examination. +1 more

Court's answer

The application for anticipatory bail of the petitioner is allowed.

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 of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS and further conditions that he shall co-operate with the investigation and shall not threaten or intimidate the witnesses.

Key takeaways

The petitioner shall meet the I.O. once a fortnight till submission of report in final form.ratio¶12
The petitioner shall stay outside the jurisdiction of Islampur Police Station for a period of two months from the date of the order, except for attending the jurisdictional Court or meeting the Investigating Officer.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS granted to the applicant (stated to be the brother-in-law of the alleged victim) in connection with Islampur Police Station Case No. 379 of 2025 dated 19.04.2025 under Sections 329(4), 64(1), 126(2), 117(2), 324(2) and 3(5) of the BNS 2023. Counsel urged that the FIR was a counter blast to an FIR of 15.02.2025 lodged by the applicant's mother, and that the complaint reached the learned Magistrate under Section 175(3) BNSS as the police had not registered the FIR. Weighing the delay in lodging the FIR and the alleged survivor's refusal to undergo medical examination, the Court allowed the petition: release on a bond of Rs.10,000/- with two sureties of like amount each (one local), conditions under Section 438(2) CrPC / Section 482(2) BNSS, co-operation with investigation, no threatening or intimidating of witnesses, fortnightly meetings with the I.O. till final report, and stay outside Islampur P.S. jurisdiction for two months except for attending the jurisdictional Court or meeting the I.O. (Jay Sengupta, J.)

11.12.2025 Court No.28 Item No.37 ssi

CRM (A) 3606 of 2025

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Islampur Police Station Case No. 379 of 2025 dated 19.04.2025 under Sections 329(4),64(1),126(2),117(2), 324(2) and 3 (5) of the BNS 2023.

And In the matter of: XXX ….Applicant/Petitioner. Mr. Sanjay Mazoomdar …for the petitioner Mr. Kaushik Chudhury …for the de facto Mr. Soumik Ganguly Ms. Suchismita Dutta ..for the State

Learned counsel appearing on behalf of the petitioner submits as follows. On 15.02.2025, the mother of the present petitioner lodged an FIR alleging theft and grievous hurt against the present petitioner. As a counter blast on 19.04.2025, the present FIR was lodged showing the date of occurrence as 03.02.2025. The complaint was filed by way of an application under Section 175 (3) of the BNSS. The petitioner happens to be the brother in law of the alleged victim.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She refers to the statements of the victim recorded before the learned Magistrate and statements of the brother of the victim. However, the victim refused to undergo the medical examination.

Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. He submits that

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there were injuries suffered by the victim. As the police did not register the FIR, the learned Magistrate had to be approached.

Considering the above, the other materials available in the case diary, the delay in lodging the FIR and the refusal of the alleged survivor to undergo medical examination, while I am inclined to grant anticipatory bail to the petitioner, his movement needs to be restricted for a limited period.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 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 further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. The petitioner shall stay outside the jurisdiction of Islampur Police Station for a period of two months from this date, except for attending the jurisdictional Court or meeting the Investigating Officer.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.)