Sandip Kumar Roy v. State Of West Bengal And ANR

01.05.2025 Court No.28 Item No.14 tbsr Allowed CRM (A) 1342 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chinsurah Women P.S. Case No.11 of 2025 dated 29.01.2025 under Sections 316(2)/318(4)/351(2)/64 of the Bharatiya Nyaya Sanhita 2023 and read with sections 66E/67A of the Information Technologies Act, 2000.

And In the matter of: Sandip Kumar Roy ....Petitioner.

Mr. Sourav Chatterjee Mr. P. P. Dasgupta Mr. R. Singh Ms. Manisha Soni ...for the petitioner.

Mr. Suman De Mr. Sujoy Sarkar .....for the State.

Learned senior counsel appearing on behalf of the petitioner submits as follows. The petitioner is employed with the CRPF. He is a married man. The victim is a 33 years old married lady with a child. She has relationship with several other persons. So far as the present petitioner is concerned, there was a relationship between the two, which continued for some time, but soured thereafter. There was a physical relationship as well. The petitioner also used to give loans to her, which was repaid by her from time to time. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and relies on the statement of the victim recorded before the learned Magistrate as well as and the First Information Report. Although the petitioner alleged that on the first

occasion there was a forcible act committed by the petitioner, she did not disclose about the same because of subsequent threats. In view of the fact that there was some kind of relationship between the two that continued for some time and considering the delay in lodging the FIR from the date of the first alleged act, I do not think that custodial interrogation of the petitioner is required in this case.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall cooperate with the investigation and shall meet the I.O. as and when required, shall submit his mobile phone to the Investigating Officer for seizure within a week from this date and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)