AD 3 August 25, 2026 Ct. 446 SG CRM(A) 2229 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kulti P.S. Case No.240 of 2026 dated 17.05.2026 under Sections 69/115(2)/351(2)/3(5) of the BNS, 2023. And In the matter of: Parichay Bouri … petitioner Mr. Moyukh Mukherjee Mr. Kaustav Banerjee … for the petitioner Mr. Sagar Saha Ms. Nayana Mukhopadhyay … for the State Mr. Mukherjee, learned Counsel appearing on behalf of the petitioner, submits that the prosecution case is that the victim was previously married and had a son from the said marriage. Subsequently, she could not continue her matrimonial relationship and started residing separately at her parental home. Thereafter, the petitioner developed a relationship with the victim. It is alleged that they had a physical relationship and that the petitioner established such relationship with her on a false promise of marriage, as a consequence of which she conceived. He submits that there is no specific allegation of any overt act against the petitioner. Rather, it is alleged that, when the petitioner informed his family members about his relationship with the victim, they abused and assaulted her, and the said family members have already been granted bail. He further submits that the relationship between the petitioner and the victim was consensual and that the prosecution has failed to place any material to demonstrate any 2 dishonest or fraudulent intention on the part of the petitioner from the inception of the relationship, or that the consent of the victim was vitiated by any misconception of fact. In support of his contention, learned Counsel relies upon the decision of the Hon'ble Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra and Another, reported at (2019) 9 SCC 608. Having regard to the principle laid down in the said decision and considering the facts and circumstances of the present case, learned Counsel submits that the petitioner may be extended the benefit of Section 482 of the BNSS. Mr. Saha, learned counsel for the State produces the Memo. of evidence, case diary and vehemently opposes the prayer for anticipatory bail made on behalf of the petitioner. Memo. of evidence as placed on behalf of the State is taken on record. Heard learned counsel for the respective parties. Perused the case diary and other materials on record including the statements of witnesses recorded under Section 180 of the BNSS as well as the statement of the victim under Section 183 of the BNSS. The materials on record indicate that the relationship was, prima facie, consensual. However, whether the consent was obtained under a misconception of fact, or whether the case involves a false promise of marriage or a mere breach of such promise, are matters to be considered at the time of trial. The prosecution has already collected the relevant documents and has failed to demonstrate that any further evidence is required to be 3 collected by keeping the petitioner in custody. Considering the facts and circumstances of the case and in the absence of any material demonstrating the need for custodial interrogation of the petitioner, I am of the view that the petitioner may be extended the benefit of Section 482 of the BNSS. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/- (rupees twenty thousand) with two sureties of like amount each, one of whom must be local, 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, 2023 and on the further conditions that the petitioner shall meet the investigating officer once a week till submission of charge- sheet and shall not leave the jurisdiction of the concerned police station without leave of the concerned investigating officer. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Partha Sarathi Chatterjee, J.)