Calcutta High CourtCRM(A)/312/2025allowed

Laldeo Roy@Lal Dev Roy v. The State Of West Bengal

2025-05-14Hon'Ble Justice Rajasekhar Mantha2 pages

AD-9 Ct No.01 Jalpaiguri 14.05.2025 sp Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side CRM (A) 312 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: Laldeo Roy @ Lal Dev Roy.

.... Petitioner.

Mr. Subhasish Misra, Mr. Satyajit Paul, Ms. Shreya Sarkar ..for the petitioner.

Mr. Saikat Chatterjee, Mr. Kallol Nag ..for the State.

1. The petitioner prays for anticipatory bail on the ground that the FIR has been registered both under Sections 316(2) and 318(4) of the BNS, 2023.

2. The dispute is with regard to return of money relating to sale of land. Apart from the fact that the dispute is substantially civil in nature, it is now well-settled that offences under Sections 316(2) and 318(4) of the BNS are mutually exclusive.

3. Learned counsel for the State opposes the prayer for anticipatory bail.

4. Having regard to the facts and circumstances of the instant case and having perused the case diary, this Court is of the

view that the petitioner has made out a case for anticipatory bail.

5. It is directed that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer upon furnishing a Bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local subject to the conditions that the petitioner shall appear before the Investigating Officer of the case as and when summoned. The petitioner shall not leave station without the permission of the Investigating Officer or the jurisdictional Court until further orders.

6. This order is subject to the conditi8ons laid down in subsection (2) of Section 438 of the Code of Criminal Procedure corresponding to Section 482(2) of the BNSS, 2023.

7. The Case Diary be returned.

8. CRM (A) 312 of 2025 is, thus, disposed of.

9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)