FALGUNI MANDAL AND ANR. v. STATE OF WEST BENGAL AND ANR
CRM (A)/4073/2025 · 2026-01-09
Jay Sengupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5802 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5802 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
09.01.2026 Court No.28 Item No.18 tbsr Allowed CRM (A) 4073 of 2025
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pukuria P.S. Case No.467 of 2025 dated 19.09.2025 under Sections 329(4)/351(3)/107/3(5) of the BNS, 2023 and Section 6 of the POCSO Act. And
In the matter of: Falguni Mandal & Anr. ….Petitioners. Mr. Amitabha Karmakar Mr. Dhananjoy Banerjee Mr. Arup Kumar Bhowmick
…for the petitioners
Mr. Subhomoy Bhattacharya Ms. Sufi Kamal
….for the State
Mr. Tapan Dutta Gupta Mr. Parvej Anam Ms. Rituparna Ghosh Mr. Sourav Sarkar
….for the de facto
Leave is granted to correct the cause title.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents of the principal accused. The principal accused was arrested and was thereafter granted bail. There was a relationship between the principal accused and the alleged victim. After the victim committed suicide, an application was made under Section 175(3) of the BNSS and the present FIR was registered.
Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail.
2
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the witnesses and the post mortem repot.
It will be for the Courts to finally decide whether there is
any element of abetment of suicide in this case. However, considering the materials available in the case diary, the alleged roles ascribed to the present petitioners and the fact that the principal accused was arrested and was thereafter granted bail, I am inclined to grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further condition that the petitioners shall cooperate with investigation, the petitioner no. 2 shall meet the I.O. once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.
The application for anticipatory bail is, thus, allowed.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)