BIMAL KR. MANSIGH @ BIMAL KUMAR MANSINGH v. THE STATE OF WEST BENGAL AND ANR
CRM (A)/602/2025 · 2025-03-07
Gaurang Kanth, Joymalya Bagchi
body2025
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[ 2025 DAILYLAW 11009 (CAL) · dailylaw.ai ]
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[ 2025 DAILYLAW 11009 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
07.03.2025 tkm/ct 28
C.R.M. (A) 602 of 2025 sl no.3
In Re : An application under section 482 of the BNSS 2023 in connection with Kharagpur (Town) PS case no. 445/2024 dated 29.10.2024 under sections 316(2)/318(2)/318(4)/69/79/351(3) of BNS 2023
And In Re : Bimal Kr. Mansigh @ Bimal Kumar Mansingh
…….. petitioner
Mr. Akash Sarkar
…… for the petitioner
Mr. Atif Ahmed Siddique
…… for the State
Mr. S Das Mahapatra
…… for the de facto complainant
1. Inadvertent typographical error had crept in the order dated
28.02.2025.
2. In the first paragraph of the order the words “…..there was a free fight between two consenting adults” be read as “…..there was a free mixing between two consenting adults”.
3. Report is placed on record.
4. Report shows petitioner is a married man. Materials on record show petitioner had suppressed marital status and created a profile on matrimonial site projecting him as an eligible bachelor. On such deception he had cohabited with the victim.
5. The aforesaid facts prima facie disclose deception on the part of the petitioner to induce the victim to cohabit with him. Consent procured due to deception of fraud is non est in law.
6. Under such circumstances, we are not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, application for anticipatory bail is rejected.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)