In an application filed before the Calcutta High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking anticipatory bail for a crime registered under Sections 137(2)/140(3)/351(2)/76/64(2)(f)(m)/115(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), a Single Judge Bench of Justice Jay Sengupta granted an anticipatory bail to the petitioner while holding that his custodial interrogation was not required.
The petitioner was the maternal grandfather of the alleged victim, who used to be tortured at her in-laws’ place. The petitioner, along with other relatives, rescued the victim and filed a complaint for a First Information Report (FIR) to be lodged against the husband and in-laws. After staying at her parental house for some time, she went back to her matrimonial house and lodged an FIR alleging sexual assault by the petitioner in collusion with other relatives. It was also alleged that the petitioner had forced her to file the previous FIR.
The Court noted that in the first FIR, the victim specifically alleged torture and assault by her husband, and that there was an injury report, which indicated a swelling on the victim’s scalp. It was noted that in the second FIR, the victim alleged that all this was done by the petitioner, the victim’s mother, and brother.
The Court considered the case in its entirety and stated that custodial interrogation of the petitioner was not required. Thus, the Court allowed the petitioner’s application and granted him anticipatory bail, holding that in case of arrest, he would be released upon furnishing a bond of Rs. 10,000/- with two sureties of like amount.
The petitioner was directed to co-operate with the investigation, not to threaten or intimidate witnesses, and to meet the Investigating Officer once a fortnight till submission of the report.
Appearances:
For Petitioner – Mr. Debashis Sinha, Ms. Sharmistha Dhar, Mr. Rishav Ray, Mr. Arpan Majhi
For Respondents – Mr. Prasun Kumar Datta (APP), Mr. Mirza Firoj Ahmed Begg
