Calcutta High CourtCRM(A)/208/2026allowed

Subham Dutta @ Shuvam Dutta v. The State Of West Bengal And ANR.

2026-03-27Hon'Ble Justice Jay Sengupta2 pages

27/03/2026 D/L - 6 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 208 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Bagdogra P.S case no. 72 of 2026 dated 25/02/2026 under sections 126(2)/115(2)/69/79 of the BNS.

In the matter of: Subham Dutta @ Shuvam Dutta

...Petitioner.

Mr. Abhilash Mittal ...for the petitioner.

Mr. Avrojyoti Das Mr. Rajdeep Das ...for the de-facto complainant.

Mr. Ujjal Luksom Mr. Chattu Roy ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner and the alleged victim are adults. They had been living together for some time. After the relationship soured, an FIR was registered. However, the couple are again residing together.

2. Learned counsel appearing for the de-facto complainant /alleged victim supports such contentions of the petitioner and submits that they are again living together.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the case diary and the statements of witnesses including that of the victim. As per the victim's statement, the petitioner had taken money and promised to marry her. Thereafter,

they entered into a relationship, but the petitioner did not marry her.

4. However, at present, learned counsel appearing for the alleged victim submits that the couple are staying together again.

5. Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

6. 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 cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form.

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

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

(Jay Sengupta, J.)