Calcutta High CourtCRM(A)/375/2026partly allowed

Biswajit Barman And ANR v. The State Of West Bengal

2026-07-02Hon'Ble Justice Rai Chattopadhyay2 pages

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

02.07.2026 Ct No.5 Item No.12 S.K.

CRM (A) 375 of 2026 In Re:- An application for anticipatory bail under Section 438 of the of the Code of Criminal Procedure, 1973 and corresponding Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, And In Re: Biswajit Barman & Anr.

..... Petitioners Mr. Swarup Das ....For the Petitioners Mr. Avrojyoti Das, ld. APP Ms. Madhushri Dutta Mr. Rajdeep Das ......For the State Mr. Rounak Ghosh ...for the defacto complainant

1. The petitioner no.2 for whom the prayer for anticipatory bail has been pressed is an accused person in connection with Tufanganj Police Station Case No. 245 of 2026 dated 10.05.2026 under Sections 126(2)/115(2)/118(2)/109/3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023,corresponding to G.R.Case No. 406 of 2026, pending before the Additional Chief Judicial Magistrate, Tufanganj, Coochbehar.

2. The petitioner No. 2 is the father of the principal accused person is said to be no way connected with the alleged incident

and not even to have been present at the time and place of occurrence.

3. Submission as above by the petitioner is corroborated from the materials in C.D. which do not depict the petitioner's involvement either directly or indirectly in commission of the alleged crime.

4. The defacto complainant shall also have no objection as regards bail prayer of the petitioner no. 2.

5. Considering all as above, the present application of the petitioner no. 2 is allowed.

6. In the event of arrest the petitioner No. 2, namely, Kabin Barman @ Karen Barman shall be granted bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Tufanganj, Coochbehar.

The petitioner shall comply with the condition under Section 482(2) of the BNSS, 2023 and shall cooperate with investigation in all possible way. He shall not intimidate witnesses in any manner and shall not tamper with the evidence of the case in any manner whatsoever.

C.D be returned.

(Rai Chattopadhyay, J.)