Extracted from the PDF above. The PDF is authoritative.
27.02.2025 Sl. No.11 akd [ALLOWED] C. R. M. (A) 545 of 2025
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 10.02.2025 in connection with Karandighi Police Station Case No.533 of 2024 dated 12.11.2024 under Sections 329(4)/64/62 of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.3680 of 2024)
And
In Re: Bidesh Singha
… … Petitioner
Mr. Rajdeep Biswas
Mr. Goutam Ray
Mr. Samya Ray
… … for the petitioner
Mr. Kaushik Choudhury
… … for the de-facto complainant
Ms. Baisali Basu
Ms. Trina Mitra
… … for the State
1. It is submitted on behalf of the petitioner there was prior enmity between the parties. Case and counter-case were registered. Allegation of attempt to rape is an embellishment. Accordingly, he prays for anticipatory bail.
2. Learned Advocate for the State opposes the prayer for anticipatory bail.
3. Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail. He submits petitioner is threatening witnesses.
4. We have considered the materials on record. There was prior enmity between the parties. Case and counter-case were registered. Possibility of exaggeration in respect of attempt to rape cannot be ruled out. However, de-facto complainant contends petitioner had held out threats.
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5. Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail however, subject to strict conditions.
6. Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Bidesh Singha, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 and on further condition that the petitioner, while on bail, shall not enter the jurisdiction of Karandighi Police Station and shall provide the address where he shall presently reside to the Investigating Agency as well as the jurisdictional court and shall report to the Officer-in-charge of the police station concerned within whose jurisdiction he shall presently reside once in a week until further orders. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
7. The application for anticipatory bail is, thus, disposed of.
(Gaurang Kanth, J.)
(Joymalya Bagchi, J.)