Dipankar Bhowmick v. State Of West Bengal

12.12.2025 SL.21 Ct.No.28 NB CRM (A) 3860 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Badabazar P.S. Case No.0526 of 2025 dated 19.10.2025 under Sections 318(4)/336(3)/338/296/351(2)) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Dipankar Bhowmick .... petitioner Mr. Arkadyuti Pahari, Mr. Sourov Mallick, Ms. Gargi Maity, Mr. Alik Mandi.

...for the petitioner.

Ms. Amita Gaur, Md. Yaser Ammar Ismail..

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The dispute at hand is purely civil in nature. The prime allegation is that the goods were supplied to a certain extent and some of the goods were not of proper quality. Rest of the goods were not supplied. At best, there is an allegation of breach of contract. Yet, a much more serious allegation of forgery has been imputed and the police decided to register an FIR on such serious allegations, although no prima facie case is made out regarding such allegations. That is why, the petitioner prays for transit anticipatory bail so that the petitioner can go to Odisha and pray for anticipatory bail or take other necessary legal recourse.

Learned counsel appearing on behalf of the State relies on the case dairy sent by the concerned Police Station of Odisha and upon

instructions submits as follows. There is no ground made out for grant of transit anticipatory bail. There are serious allegations of cheating, criminal breach of trust and forgery.

Considering the nature of allegations, which also have a civil profile and the materials available in the case diary and the petitioner's claim that although there was no prima facie ingredient to invoke a charge of forgery, an FIR was registered over such allegations, I am inclined to allow the petitioner's application for interim/transit anticipatory bail.

The Investigating Agency shall not arrest the petitioner till six weeks from this date.

Within such period of six weeks, the petitioner shall be at liberty to move an appropriate Court in Odisha for proper relief. The application is, thus, disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)