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Calcutta High CourtCRM(A)/155/2026disposed

Jaydeep Malpahari @ Joy Malpahari @ Jaydeep v. The State Of West Bengal And ANR

2026-03-23Hon'Ble Justice Jay Sengupta2 pages

23/03/2026 D/L - 25 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 155 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Kotwali P.S case no. 24 of 2026 dated 14/01/2026 under sections 12 of the POCSO Act read with Section 351(2) of the BNS. In the matter of: Jaydeep Malpahari @ Joy Malpahari @ Jaydeep

...Petitioner.

Mr. Biswaroop Roy ...for the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Aniruddha Biswas ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner, a 19 years old boy, had a romantic relationship with the 15 years old victim girl. After the relationship turned sour, an FIR was lodged. The mobile phone in question has already been seized.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the statements of the victim and her parents and neighbours. It is alleged that the petitioner was publishing obscene photographs of the alleged victim girl. However, the victim had refused to undergo medical examination.

3. Considering the above, the other materials available in the case diary and the fact that charge sheet has been

submitted, I am inclined to grant anticipatory bail to the petitioner. However, the movement of the petitioner needs to be restricted for a limited period of time.

4. In the event of arrest, the petitioner 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 petitioner shall not threaten or intimidate witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date. The petitioner shall regularly attend the jurisdictional Court and shall not publish any photograph or statement in the social media in respect of the petitioner in future. The petitioner shall also stay outside the jurisdiction of Kotwali Police Station for a period of six months except for meeting the I.O or attending the jurisdictional Court.

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

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

(Jay Sengupta, J.)