Dhiraj Roy v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

20.02.2025 Court No.01 rpan/ 54 CRM (A) 107 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Madarihat Police Station Case No.123 of 2024 dated 18.10.2024 under Sections 85/109/115(2) of the Bharatiya Nyaya Sanhita, 2023 and adding Sections 3/4 of the Dowry Prohibition Act, 1961;

And In Re: Dhiraj Roy - Petitioner.

Mr. Hillol Saha Podder ...for the Petitioner.

Mr. Tapan Bhattacharjee, Mr. Dhiman Sil ...for the State.

1.

It is said on behalf of the petitioner that all the allegations as made against him, is baseless, false and concocted one. This accused petitioner is the husband of the de facto complainant. The complainant left her matrimonial home on 12th July, 2024 but she did not lodge any complaint immediately. After a long gap of three months this complaint was lodged by the de facto complainant . The allegations as leveled against this petitioner are absolutely false, vague, baseless, manufactured and fictitious in nature and have no legs to stand in the eye of law. No purpose will be served by putting this petitioner behind the bar for sake of custodial interrogation.

2.

The learned advocate for the State raises objection by submitting that sufficient incriminating materials have been gathered in the case diary which reflect about prima facie involvement of this accused petitioner with the alleged offence.

3.

Perused the materials on record.

4.

It appears that the allegation as made against this accused petitioner is omnibus in nature. No purpose will be served by putting this accused petitioner behind the bar for sake of custodial interrogation. Keeping in mind the extent of his complicity in the crime we are inclined to grant anticipatory bail to this accused petitioner.

5.

Accordingly, we direct that in the event of arrest the petitioner, namely, Dhiraj Roy 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 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application for anticipatory bail, being CRM (A) 107 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)