Calcutta High Court (Appellete Side)

498A/323/307/376/511/379 Ipc vs In Re: Yyyyy on 9 January, 2025

09.01.2025
Sl. No.42
tkm
C. R. M. (A) 67 of 2025

In Re: An application for anticipatory bail under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pukhuria
Police Station Case No.348 of 2024 dated 25.6.2024 under
Sections
498A
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IPC.
And
In Re: YYYYY ... ... Petitioner

Mr. Kalidas Saha
Ms. Mandira Mandal
Ms. K Mollick
... ... for the petitioner
Mr. Avishek Sinha
Ms. Poulami Bose
... ... for the State

1.
Petitioner is the brother-in-law of the victim. It is contended

he has been falsely implicated due to a matrimonial

dispute. He prays for anticipatory bail.

2. Learned lawyer for the State opposes the prayer.

3. We have considered the materials on record. In the FIR it is

alleged on 27.5.2024 when her husband was absent,

petitioner surreptitiously entered the room and committed

rape. But in the FIR it is contended all the in-laws jointly

forced the victim into a room and provoked the petitioner

to commit rape. The manner and circumstances in which

rape is said to have been committed appears to be

patently contradictory. Possibility of false implication is not

ruled out.

4. Under such circumstances, we are inclined to grant

anticipatory bail to the petitioner.

5. Accordingly, we direct that in the event of arrest, the

petitioner shall be released on bail upon furnishing a bond

Signed By :

TAMAL KRISHNA
MANDAL
High Court of
Calcutta
13 th of January
2025 12:53:58 PM
of Rs. 10,000/- 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 482(2)
of BNSS 2023.

6. Petitioner shall appear before the jurisdictional court and

pray for regular bail within four weeks from date.

7. The application being CRM (A) 67 of 2025 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)

Signed By :

TAMAL KRISHNA
MANDAL
High Court of
Calcutta
13 th of January
2025 12:53:58 PM