Calcutta High CourtCRM(A)/347/2026allowed

Pradip Roy v. The State Of West Bengal And ANR

2026-06-16Hon'Ble Justice Shampa Dutt (Paul)3 pages

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

16.06.2026 Court No.5 Item No.5 Aloke CRM (A) 347 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Mekhliganj Police Station Case 75 of 2026 dated 06.04.2026, under Sections 329(4)/64/62/324/351(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023, corresponding to G.R. Case No. 149 of 2026. And In Re: Pradip Roy ..... Petitioner Mr. Anirban Banerjee Mr. Giran Roy ....For the Petitioner Mr. Avrojyoti Das, ld. APP Ms. Rajyashree Ghosh ....For the State

1. The petitioner herein prays for anticipatory bail apprehending arrest in connection with Mekhliganj Police Station Case 75 of dated 06.04.2026, under Sections 329(4)/64/62/324/351(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023, corresponding to G.R. Case No. 149 of 2026.

2. On hearing the learned counsels for the petitioner and the State who has placed the case diary, it appears that the petitioner herein had lodged a written complaint with

Mekhliganj Police Station on 20.03.2026 wherein the family members of the de facto complainant in the present case were implicated.

3. Copy of the injury report at page 10 shows that the petitioner herein had been assaulted by the family members of the de facto complainant in the present case and, as such, the FIR was lodged.

4. The de facto complainant lodged the complaint on 06.04.2026 alleging an incident of attempt to rape on 19.03.2026. There is a long delay in filing the FIR after the alleged incident of attempt to rape.

5. Thus, considering the delay in lodging FIR and the nature of injury, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/- with two sureties of Rs.2,500/- 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 and shall meet the I.O. as and when required till submission of report in final form.

7. The prayer for anticipatory bail of the petitioner is thus allowed.

8. CRM (A) 347 of 2026 is, thus, disposed of.

9. Urgent photostate certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)