Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 36115 (CAL)

ANUP GHOSH v. THE STATE OF WEST BENGAL AND ANR

CRM (A)/2510/2026 · 2026-08-27

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.08.2026 Sl. No. 17 Ct. No.551 Mujahid (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 2510 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023 in connection with Nager Bazar Police Station Case No 148/2026 dated 12.06.2026 for the offence punishable under Section 69 of the BNSS, 2023 arising out of Hingalganj Police Station Case no. “Zero-1” dated 02.05.2026 for the offence punishable under Section 69 of the BNS, 2023. -And- In the matter of: Anup Ghosh …Petitioner Mr. Sankar Prasad Dalapati Mr. Kalyan Chatterjee …for the Petitioner Mr. Biswajit Tiwari Mr. Pritom Banerjee …for the State 1. Memo of evidence submitted in court be kept with the record. 2. Heard learned advocate for the petitioner and learned advocate for the State. Perused the materials in the case diary. 3. As per the case made out by the prosecution, the petitioner is alleged to have contracted sexual relationship with the victim on false promise to marry. It has also been stated in the First Information Report that the present petitioner represented himself as unmarried before the de facto complainant. 2 4. From the materials in the case diary including the statement of the victim recorded under Section 183 of BNSS, 2023, it appears that the victim is adult. She had physical relationship with the petitioner. In fact, materials in the case diary do suggest that the petitioner and the de facto complainant were in a relationship over social media for some time. Both the petitioner and the de facto complainant are adults and were in consensual relationship. As to whether the victim was misrepresented by the petitioner about his marital status is to be looked into at the time of trial on the basis of evidence to be adduced on behalf of the prosecution. 5. Considering the aforesaid facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. 6. In the event of arrest, the petitioner namely, Anup Ghosh, shall 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 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further conditions that the petitioner shall cooperate with the investigation till submission of report in final form and on further conditions that petitioner shall meet the Investigating Officer once a month and shall appear on each and every date before the Jurisdictional Court. The petitioner shall also not threaten or intimidate the witnesses or tamper with the evidence. 3 7. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. With the aforesaid observation, C.R.M. (A) 2510 of 2026 is disposed of. 9. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Md. Shabbar Rashidi, J.)