Calcutta High Court
CRM (A)/2217/2026 of AMARESH DUTTA Vs STATE OF WEST BENGAL on 24 August 2026
Ct. No 446 Jayanta Allowed CRM ( A ) 2217 of 2026 Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the Kotwali Police Station case no.461 of 2025 dated 02.09.2025 under Sections 126
24.08.2026
Ct. No 446
Jayanta
Allowed
CRM (A) 2217 of 2026
Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the Kotwali Police Station case no.461 of 2025 dated 02.09.2025 under Sections 126 (2)/115(2)/117(2)/109/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
In the matter of : AMARESH DUTTA
….. petitioner
Adv. Amit Ranjan Pati
Adv. Swastika Chowdhury
Adv. Avijit Chatterjee
…. For the Petitioner.
Adv. Rajendra Banerjee
Adv. Rishaw Kr. Thakur
…. For the State.
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1. Parties are present through their respective Counsels.
2. Learned Counsel appearing for the Petitioner submits that the Petitioner’s wife had lodged a complaint under Section 85 and other provisions of the BNSS. He submits that, to counter the said case, the husband has filed the present case making certain allegations after a lapse of 60 days from the date of institution of the earlier case.
3. He submits that the charge sheet has been submitted and, as such, according to him, benefit under Section 482 can be extended in favour of the Petitioner.
4. Mr. Banerjee, learned Counsel appearing for the State, produces the Case Diary and opposes the prayer for anticipatory bail made on behalf of the Petitioner on the basis of the materials available in the C.D.
5. Heard the learned Counsel appearing for the respective parties, perused the C.D. and other materials on record, including the Memo of Evidence placed on behalf of the State. Charge sheet has been submitted upon conclusion of the investigation of the case. Incident alleged occurred in presence of direct evidence and considering these aspects and considering the nature of the injury as reflected in the injury report, I am of the view that the benefit under Section 482 of the BNS can be extended in favour of the Petitioner.
6. Accordingly, the prayer for anticipatory bail is allowed.
7. In the event of arrest, the petitioner, namely, AMARESH DUTTA, 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 learned Chief Judicial Magistrate, Paschim Medinipur , subject to the conditions as laid down under Section 482(2) of the BNSS, 2023, and on further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of the report in final form.
8. The application for anticipatory bail being CRM (A) 2217 of 2026, is thus, disposed of.
9. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Partha Sarathi Chatterjee, J.)