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Calcutta High CourtCRM(A)/370/2026allowed

Anukul Roy And ORS v. The State Of West Bengal

2026-06-30Hon'Ble Justice Rai Chattopadhyay3 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 30.06.2026 Item No. 02 Ct. No. 5 C.R.M. (A) 370 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mekhliganj Police Station Case No. 134 of 2026 dated 03.06.2026 under Sections 303(2)/316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023 pending before the Court of learned Chief Judicial Magistrate at Mekhliganj. In the matter of : Anukul Roy & ors.

... Petitioner.

Mr. Hillol Saha Podder ...for the Petitioner.

Mr. Avrojyoti Das, ld. APP Ms. Madhushri Dutta ...for the State.

Mr. Sandip Guha Roy Mr. Liton Ali ...for the de facto.

1. The petitioner no. 2 happened to be the Gram Panchayat Pradhan and petitioner no. 1 is her husband. The other petitioners are the acquianteces of the above two.

2. According to the F.I.R. and the submissions made on behalf of the de facto complainant as well as the State, the petitioners used to extract money from the beneficiaries of Government Schemes of Housing and allegedly they have extended the benefit to the persons who were apparently the owners of two or three storied building etc.

3. So far as the allegations leveled against the petitioners are concerned, I look into the C.D. only to find that though the allegations have been made against the petitioners about incidents of a year back, no complaint have ever been submitted before any authority in the meantime. Furthermore, there is no investigation yet as regards existence or recovery of any money unaccounted for, from the custody of the petitioners or seizure of their bank statements showing disproportionate fund in comparison to their earning.

4. Considering all as above, I find, custodial interrogation of the petitioners would not be necessary, till the time the petitioners willfully and voluntarily cooperate with the investigation. As a matter of fact there is no material to show that they have been reluctant or unwilling to cooperate with the investigation.

5. Hence, the prayer for bail application is allowed with the following conditions.

6. In the event of arrest of the petitioners, the petitioners 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, Mekhliganj. The petitioners shall comply with the condition under Section 482(2) of the BNSS, 2023 and shall cooperate with the investigation in all possible way. They shall not intimidate

witnesses in any manner and shall not tamper with the evidence of the case in any manner whatsoever.

7. C.R.M. (A) 370 of 2026 stands disposed of. (Rai Chattopadhyay, J.)