Manik Sarkar v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

02.07.2026 Ct No.5 Item No.5 Ranita CRM (A) 358 of 2026 In Re:- An application for pre arrest bail under Section 482 of the Bharatiya Ngarik Suraksha Sanhita, 2023 And In Re: Manik Sarkar .....Petitioner Mr. Subham Ghosh Mr. Mayank Roy ...for petitioner.

Mr. Ujjwal Luksom ...for victim.

Mr. Avrojyoti Das, Ld. APP Mr. Atul Dong ...for State.

1. The petitioner is an accused person in connection with Kharibari Police Station Case No.145 of 2026 dated 21.04.2026 under Section 64 of the Bharatiya Nyaya Sanhita, 2023, corresponding to PTN Case No.1368 of 2026, pending before the Learned Additional Chief Judicial Magistrate at Siliguri.

2. According to the F.I.R as well as the statement of victim recorded under Section 183 of the BNSS, 2023, she maintained the consensual sexual relationship with the petitioner for quite some time. Two contradictory versions as regards demand of

money come from the petitioner and the de facto complainant and both allege about demand of gratification by the other person. No material however is available showing any transaction of money in either way.

3. Considering all as above, this Court is inclined to allow the petitioner's prayer for anticipatory bail subject to the condition that he cooperates in investigation in every possible manner and responds to the notice if any, issued to him for the purpose of investigation.

4. The anticipatory bail of the petitioner is allowed.

5. In the event of arrest the petitioner shall be granted bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Siliguri. The petitioner shall comply with the condition under Section 482(2) of the BNSS, 2023 and shall cooperate with the 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.

6. C.D be returned.

(Rai Chattopadhyay, J.)