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Calcutta High CourtCRM (A)/1621/2026allowed

Niloy Ray And ORS. v. State Of West Bengal

2026-06-17Hon'Ble Justice Jay Sengupta2 pages

17/06/2026 D/L - 52 Court No.28 S. Kundu Allowed C.R.M.(A) 1621 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Karimpur P.S case no. 146 of 2026 dated 25/05/2026 under Sections 307/325/326/341/427/506/34 of the IPC.

In the matter of: Niloy Ray & Ors.

...Petitioners.

Mr. Jaydeep Biswas Mr. Asraf Mondal Mr. K. Ghosh ...for the petitioners.

Mr. P. Karan Singh ...for the State.

1. Learned counsel appearing on behalf of the petitioners submits as follows. The present FIR has been lodged about six years three months twenty one days after the date of occurrence. The petitioners have been falsely implicated in this case due to political rivalry.

2. Learned counsel appearing for the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the injury report, which shows severe fracture and other grievous injuries. It is out of fear of the petitioners who are goons belonging to the then ruling party of the State that the petitioners could not lodge the FIR earlier.

3. It is true that there are purported eye-witnesses who have been examined by the police and injury reports showing grievous injury inflicted on the victim on the particular

day. But, it is also fact that the FIR was lodged after more than six years.

4. Considering the above, the other materials available in the case diary and most importantly, the delay in lodging the FIR, although I do not think that custodial interrogation of the petitioners is required in this case, their movements need to remain restricted for a limited period.

5. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioners shall meet the I.O once a week till submission of report in final form. The petitioners shall stay outside the jurisdiction of Karimpur Police Station for a period of four weeks except for meeting the I.O or attending the jurisdictional Court.

6. Accordingly, the application for anticipatory bail is allowed.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)