19.08.2026 Serial no. 11 Court no.551 (MKP) CRM (A) 2406 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Uttarpara PS Case No. 156 of 2026 dated 08.06.2026 u/s 69/74/115(2)/3(5)/351(2)/61(2) of the BNS 2023. -And- In the matter of : Suman Banerjee … Petitioner Mr. Milon Mukherjee, Ld.Srn,Adv. Mr. Dattatreya Dutta. … for the petitioner Mr. Kallol Mondal, Ld.P.P., Mr. Ayan Basu, Mr. Gautam Banerjee. … for the State-respondent(s) Mr. Narayan Debnath. ………for the Defacto complainant 1. Affidavit of service filed be kept with the record. 2. Learned advocate for the defacto complainant is represented. 3. There are allegations of rape against the present petitioner. The petitioner is aged about 50 years, whereas the victim was 48 years of age. 4. From the materials in the case diary, including the statement of the victim lady recorded under Section 2 183 of the BNSS, it appears that the victim was in a relationship with the petitioner for over 2 ½ years. 5. Learned Senior advocate for the petitioner has drawn my attention to the provisions of Section 69 of the BNS. According to the learned senior advocate the offence as defined in the Sanhita, 2023 does not fall within the definition of rape. 6. Learned advocate appearing for the State has submitted that on the basis of the materials in the case diary, even if an offence of rape is not made out but as on the basis of the materials collected in the investigation so far, an offence of cheating is made out. 7. Learned advocate for the State opposes the prayer for the anticipatory bail. 8. I have gone through the materials in the case diary, including the statement of the victim lady, as recorded under Section 183 of BNSS. Apparently, the victim voluntarily resided in a live-in relationship with the petitioner for more than 2 ½ years. Both of them are adults. 9. In such circumstances, considering the nature of allegations as well as the materials in the case diary, prayer for anticipatory bail is allowed. 3 10. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on further condition that petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 11. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 12. CRM (A) 2406 of 2026 is disposed of. (Md.Shabbar Rashidi. J)