Khadu Biswas @ Khanduram Biswas and Ors. Vs State of West… — Anticipatory Bail | Calcutta HC (2025)

Khadu Biswas @ Khanduram Biswas and Ors. Vs State of West… — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Application partly allowed: anticipatory bail granted to petitioner nos. 5 (Sonali Santra @ Sonali Biswas Santra) and 6 (Malati Biswas) on a bond of Rs.10,000/- each with two sureties of like amount each, subject to Section 482(2) BNSS conditions and a direction to seek regular bail within four weeks; anticipatory bail refused to petitioner nos. 1 to 4; application disposed of.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioners in G.R. Case No. 275 of 2025 (Kharagpur (Local) P.S. Case No. 102 of 2025), given the alleged assault on the de facto complainant's husband and the plea of prior enmity and wholesale implication of family members.

Court's answer

Taking account of the prior enmity between the parties, the court was of the opinion that the women folk of the family, i.e. petitioner nos. 5 and 6, may have been falsely roped in.

Ratio / Principle

Distilling the accusations from that perspective, this is not a fit case to grant anticipatory bail to petitioner nos. 1 to 4.

Key takeaways

Anticipatory bail was granted to petitioner nos. 5 and 6: in the event of arrest they are to be released on bail on furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to the conditions under Section 482(2) BNSS, 2023.ratio¶16
Petitioner nos. 5 and 6 shall appear before the jurisdictional court and pray for regular bail within four weeks from date.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail - S.482, Bharatiya Nagarik Suraksha Sanhita, 2023 - application by six family members in Kharagpur (Local) P.S. Case No. 102 of 2025 / G.R. Case No. 275 of 2025 under Sections 115(2)/117(2)/109(1)/3(5) BNS for alleged group assault on the victim with iron rod, lathi and other weapons causing hospitalisation - de facto complainant is an eye-witness - plea of prior enmity and roping in of entire family - Held: in view of prior enmity, the women folk of the family, petitioner nos. 5 (Sonali Santra @ Sonali Biswas Santra) and 6 (Malati Biswas), may have been falsely roped in; anticipatory bail granted to them on a bond of Rs.10,000/- each with two sureties of like amount each, subject to S.482(2) BNSS conditions, with direction to seek regular bail within four weeks; anticipatory bail refused to petitioner nos. 1 to 4 - application partly allowed and disposed of (Bench: Joymalya Bagchi, J. and Gaurang Kanth, J.; decision date 07.03.2025).

07.03.2025 12. Ct. No. 28 SG [Partly Allowed]

C. R. M. (A) 810 of 2025

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. Case No. 275 of 2025 arising out of Kharagpur (Local) Police Station Case No. 102 of 2025 dated 28.01.2025 under Sections 115(2)/117(2)/109(1)/ 3(5) of BNS. And

In Re: Khadu Biswas @ Khanduram Biswas and Ors.

… … Petitioners

Mr. Amit Ranjan Pati.

…… for the petitioners

Mr. P.K. Datta, Ms. Baisakhi Chatterjee.

Mr. Soumya Nag, Mr. Aditya Tiwari.

….. for the de facto complainant

Petitioners submit petitioner no. 2 is the brother of the victim. There is prior enmity between the parties. All the family members have been roped in. Accordingly, they pray for anticipatory bail.

Learned Counsel for the State and de facto complainant oppose the prayer for anticipatory bail.

We have considered the materials on record including the statement of the de facto complainant who is an eye-witness. She alleges the petitioners had come in a body and physically assaulted her husband i.e. the victim with iron rod, lathi and other weapons. Number of injuries are noted on the victim. He had been hospitalised. However, in the view of the prior enmity between the parties, we are of the opinion the women folk of the family i.e. petitioner nos. 5 and 6 may have been falsely roped in.

2

Distilling the accusations from that perspective, we are of the opinion this is not a fit case to grant anticipatory bail to petitioner nos. 1 to 4.

However, we are inclined to grant anticipatory bail to petitioner nos. 5 and 6. 6. Accordingly, we direct that in the event of arrest, the petitioner nos. 5 and 6 viz., (5) Sonali Santra @ Sonali Biswas Santra and (6) Malati Biswas be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)