Narayan Sarkar v. The State Of West Bengal

AD 38 IN THE HIGH COURT AT CALCUTTA March 25, 2026 Circuit Bench at Jalpaiguri Ct. 6 Criminal Miscellaneous Jurisdiction SG CRM(A) 213 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No.94 of 2026 dated 24.02.2026 under Sections 115(2)/351(2)/75(2)/3(5) of the BNS. And In the matter of: Narayan Sarkar ... petitioner Mr. S. Kumar ... for the petitioner Mr. Saikat Chatterjee Mr. Dhiman Sil ... for the State Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is alleged that the petitioner had taken an obscene photograph of himself and sent it to the alleged victim. There is a counter case started in this regard.

Learned counsel for the State opposes the prayer for anticipatory bail, refers to the statements of the victim and other witnesses and submits that the victim's phone and photograph in question have been seized.

At this stage, learned counsel for the petitioner submits that his client would submit his mobile phone for seizure to the investigating officer within a fortnight from date. Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)