An application for Anticipatory Bail under Section 482 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 438 of the Code of Criminal Procedure, 1973}

 

DISTRICT : PASCHIM BARDHAMAN

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION

 

 

C.R.M. (A) No.                  OF 2025;

 

In the matter of:

An application for Anticipatory Bail under Section 482 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 438 of the Code of Criminal Procedure, 1973};

 

          And 

                                                         

                                                          In the matter of:

Apprehension of arrest in connection with FIR No. 456 of 2025 dated 02.11.2025,
registered with Durgapur Police Station, District – Paschim Bardhaman, under Sections 318(4), 319(2), 316(2), & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman;

 

And

 

In the matter of ;

(1)  Avijit Adhikari, son of Late Amit Adhikari, aged about 39 years, residing at premises being No. 32, Goswami Para, Joka, Kolkata – 700104, Police Station – Thakurpukur, District South 24 Parganas, Mobile : 7991023735, Email : yuvaplus.avijitadhikari@gmail.com

 

(2)  Mrs. Barna Chakraborty Adhikari, Wife of Avijit Adhikari, aged about 38 years, residing at premises being No. 32, Goswami Para, Joka, Police Station – Thakurpukur, Kolkata – 700104, District South 24 Parganas, Mobile : 9804236661, Email : chakrabortybarna@gmail.com

 

______Petitioners

-      Versus –

 

The State of West Bengal

______Opposite Party

 

                                                         

 

To

The Hon’ble Sujoy Paul, Acting Chief Justice and His Companion Justices of the said Hon’ble Court

 

The humble petition of the petitioners above named most respectfully;

SHEWETH:

 

1. Your petitioners state that prior to filing this application your petitioners never filed any application under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023, before this Hon’ble Court, hence this is the first application before this Hon’ble Court and no such application has ever been made before the Learned Session Judge, Asansol, Paschim Bardhaman.

 

2. That the present application is being filed by the petitioners seeking the protection of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as they apprehend arrest in connection with FIR No. 456 of 2025 dated 02.11.2025, lodged with Durgapur Police Station, District Paschim Bardhaman, under Sections 318(4), 319(2), 316(2), & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

 

Server Copy of the said FIR No. 456 of 2025 dated 02.11.2025, is enclosed herewith and marked as Annexure – “P-1”.

 

3.   That on 02.11.2025, one Shri Bibek Ranjan Kesh, son of Shri Joynarayan M. Kesh, resident of 247, Nehru Avenue, C-Zone, Durgapur – 713205, lodged a written complaint before the Officer-in-Charge, Durgapur Police Station, alleging that the present petitioners had approached him and his parents in July 2023 seeking a personal loan of ₹ 28,00,000 (Rupees Twenty-Eight Lakhs only) with the assurance of repayment by October 2025. It is alleged that the petitioners represented themselves as financially sound and produced certain property documents and papers to gain the trust of the complainant’s family. Acting on such representations, the complainant allegedly advanced to the petitioners a total sum of ₹ 28,00,000/- — ₹ 5,00,000/- in cash on 16 October 2023 at Hotel Morvee, Benachity, Durgapur at the time of executing a purported loan agreement, and the balance amount of ₹ 23,00,000/- through bank transfers (₹ 20,00,000/- on 18 October 2023 and ₹ 3,00,000/- on 22 January 2024). The complainant further alleged that the petitioners executed certain papers acknowledging the debt but thereafter became untraceable, stopped responding to calls, and avoided repayment, thereby dishonestly inducing him and his family to part with their money. Based on these allegations, Durgapur Police Station registered FIR No. 456 of 2025 under Sections 318(4), 319(2, 316(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

 

4.   That the said FIR has been maliciously and falsely lodged by Shri Bibek Ranjan Kesh, son of Shri Joynarayan M. Kesh, residing at 247, Nehru Avenue, C-Zone, Durgapur Municipal Corporation – 713205, with an ulterior motive to harass and intimidate the petitioners. The complainant has been threatening and coercing the petitioners for the past several weeks in relation to a personal property dispute, as already reported to the Thakurpukur Police Station, Kolkata, through complaints dated 23.10.2025 and 30.10.2025.

 

 

Photostat copy of the complaints dated 23.10.2025 and 30.10.2025, are enclosed herewith collectively and marked as Annexure – “P-2”.

 

5.   It is significant that prior to the lodging of the present FIR, the petitioner No. 1 had already lodged complaints before Thakurpukur Police Station, Kolkata, on 23 October 2025 and again on 30 October 2025, against the said Bibek Ranjan Kesh, his father Joynarayan Kesh and mother Trishna Kesh, alleging cheating, criminal breach of trust, extortion, intimidation and conspiracy regarding unlawful retention of property documents and threats to dispossess the petitioners from their lawful residence.

 

6.   Thus, the FIR dated 02.11.2025 is a counter-blast lodged immediately thereafter, motivated by vengeance and intended solely to harass the petitioners and pre-empt police action on their own complaints.

 

7.   That the petitioners submit that the said FIR contains false, fabricated, and exaggerated allegations, and does not disclose any prima facie ingredients constituting offences under the alleged sections of the Bharatiya Nyaya Sanhita, 2023. The same has been filed only with an intent to settle personal scores and to give a criminal colour to a civil dispute.

 

8.   That the petitioners are peace-loving, law-abiding citizens residing permanently at their address in Joka, Kolkata, and have no criminal antecedents whatsoever. The Petitioners are husband and wife and are engaged in their self employment as a Private Tutor. They have been cooperating with the authorities and are ready and willing to appear before the Investigating Officer as and when required.

 

9.   That there exists a reasonable apprehension of arrest on the basis of the said false and motivated FIR, and unless the protection of anticipatory bail is granted, the petitioners will suffer irreparable loss to their liberty and reputation.

 

10.                That the petitioners further state that the alleged offences are triable by Magistrate, and custodial interrogation is neither necessary nor justified in the facts of the present case.

 

11.                That the petitioners undertake to fully cooperate with the investigation and shall not tamper with evidence, influence witnesses, or misuse the liberty granted by this Hon’ble Court in any manner.

 

12. That your petitioners submit that they are ready to abide by any of the conditions imposed by this Hon’ble Court in the event they are granted bail.

 

13. That this instant application is made bona-fide and in the interest of Justice.

Your petitioners, therefore, prays that your Lordship may be graciously pleased to grant anticipatory bail to your petitioners, in connection with FIR No. 456 of 2025 dated 02.11.2025,
registered with Durgapur Police Station, District – Paschim Bardhaman, under Sections 318(4), 319(2), 316(2), & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman, directing that in the event of their arrest, they shall be released on bail, under the facts and circumstances as aforesaid;

 

And

 

To pass such other order or orders and /or direction or directions as this Hon’ble Court may deem fit and proper; 

 

And for this act of kindness, your petitioners as in duty bound, shall ever pray.

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Barna Chakraborty Adhikari, Wife of Avijit Adhikari, aged about 38 years, by faith Hindu, by Occupation Private Tutor, residing at premises being No. 32, Goswami Para, Joka, Police Station – Thakurpukur, Kolkata – 700104, District South 24 Parganas, Bihar, do hereby solemnly affirm and say as follows:

 

1.       That I am the Petitioner no. 2, herein, in the instant application and as such I am well acquainted with the facts and circumstances of the case. I am authorized by the Petitioner no. 1, herein, who is my husband. I am competent to swear this affidavit.

 

2.                  That the statements made in paragraph No. 1, 2, & 8 are true to my knowledge and those made in paragraph nos. 3, 4, 5, & 6, are derived from the case record, which I verily believe to be true and the rests are my humble submission before this Hon’ble Court.

 

 

Prepared in my office                           The deponent is known to me

 

                 Advocate                                Clerk to: Mr.                                                                                                                        Advocate

Solemnly affirmed before me

on this the       day of November, 2025.

 

I certify that all annexures

are legible.

 

               Advocate.

COMMISSIONER

DISTRICT : PASCHIM BARDHAMAN

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION

 

C.R.M. (A) No.                  OF 2025;

 

In the matter of:

An application for Anticipatory Bail under Section 482 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 438 of the Code of Criminal Procedure, 1973};

 

And

 

In the matter of:

Avijit Adhikari & Anr.

………..Petitioners

-Versus-

 

The State of West Bengal

……Opposite Party

 

 

 

 

 

 

BAIL APPLICATION

 

 

 

 

 

MISS. PRITILATA SARDAR

Advocate

C/o. Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court, Calcutta. Enrollment No. F/4629/4817/2024.

Mobile Number : 8101750703, E-mail : pritilatasardar75@gmail.com