SYNOPSIS in anticipatory bail application

 

DISTRICT : PASCHIM BARDHAMAN

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION

 

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

 

                                                          In the matter of ;

                                                          Avijit Adhikari, & Anr.,

______Petitioners

-      Versus –

The State of West Bengal

______Opposite Party

SYNOPSIS

 

1.  The present application is filed under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 Cr.P.C.), seeking anticipatory bail 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) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

 

2.  The said FIR was lodged by Shri Bibek Ranjan Kesh, son of Shri Joynarayan M. Kesh, alleging that the present petitioners – Avijit Adhikari and Barna Chakraborty Adhikari – had induced the complainant and his family to advance a total sum of ₹28,00,000/- on the false assurance of repayment, and thereafter defaulted, thereby committing cheating and breach of trust.

 

3.  The allegations are wholly false and motivated. The FIR is a retaliatory counterblast to the earlier complaints dated 23.10.2025 and 30.10.2025 lodged by petitioner no. 1 before Thakurpukur Police Station, Kolkata, against the said complainant and his family, alleging cheating, criminal breach of trust, extortion, and intimidation, in respect of the unlawful retention of the petitioners’ original property deed, passports, and cheques.

 

4.  The impugned FIR thus arises out of a civil and financial dispute maliciously converted into a criminal proceeding to exert pressure and pre-empt investigation of the prior complaints filed by the petitioners. No ingredients of the alleged offences are made out from the face of the complaint.

 

5.  The petitioners are law-abiding citizens, permanently residing at Joka, Kolkata, having no criminal antecedents, and are fully willing to cooperate with the investigation. Their arrest would cause irreparable humiliation and prejudice, whereas custodial interrogation is wholly unwarranted.

 

6.  The petitioners therefore pray that this Hon’ble Court may be pleased to grant them anticipatory bail in connection with the said FIR, with suitable conditions, to secure the ends of justice.