ALIMPAN NAG @ AALIMPAN NAG v. THE STATE OF WEST BENGAL AND ANR
CRM (A)/432/2025 · 2025-02-18
Gaurang Kanth, Joymalya Bagchi
body2025
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[ 2025 DAILYLAW 9214 (CAL) · dailylaw.ai ]
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[ 2025 DAILYLAW 9214 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18.02.2025 8 sdas Allowed
C.R.M. (A) No. 432 of 2025
In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Para Police Station Case No. 7 of 2025 dated 13.01.2025 under Sections 64/318(2) of the BNS. And In Re : Alimpan Nag @ Aalimpan Nag ….. petitioner
Mr. Sourav Chatterjee Mr. Soumya Nag ..…for the petitioner
Mr. Kausik Biswas Ms. Suruchi Saha ..…for the State
Mr. Debanshu Ghorai ….. for the de facto complainant
1.
Learned Counsel for the petitioner submits he is an employee in an Information Technology concerned and the victim, an adult and educated lady is also employed in another private company. They met each other and started living together as husband and wife. Differences and disputes broke out and the petitioner was assaulted. Accordingly she withdrew from the company. In retaliation petitioner has been falsely implicated. He prays for anticipatory bail.
2.
Learned Counsel for the State opposes the prayer for anticipatory bail.
3.
Learned Counsel for the de facto complainant opposes the prayer for anticipatory bail and submits petitioner Signed By :
SHANTANU DAS High Court of Calcutta 19 th of February 2025 05:14:22 PM
2 had made false promise of marriage and cohabited with the victim.
4. We have considered the materials on record. Both parties are adult and educated. They had living relationship and cohabited together. Subsequently they broke up and the present case has been registered. Whether cohabitation was out of romantic relationship or was on the false promise of marriage requires to be assessed at the appropriate stage of the proceeding. Under such circumstances we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.
5. Accordingly, we direct that 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, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on further condition that he shall meet the investigating officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.
6. The application for anticipatory bail is, thus, allowed.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
Signed By :
SHANTANU DAS High Court of Calcutta 19 th of February 2025 05:14:22 PM