Rajesh Lakra v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 30.06.2026 Item No. 08 Ct. No. 5 C.R.M. (A) 389 of 2026 Sayan In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (corresponding to Section 438 of the Code of Criminal Procedure, 1973) In the matter of : Rajesh Lakra ... Petitioners.

Mr. Sanjay Mazoomdar Ms. Sukanya Adhikary Ms. Sohini Sarkar ...for the Petitioners.

Mr. Avrojyoti Das, ld. APP Mr. Panchali Deb Sikder ...for the State.

1. The petitioner is one of the 37 accused persons who alleges about an FIR being filed against him on false and frivolous accusations, principally due to political vendetta, as the 1st petitioner has contested in the elections and the other accused persons including the present petitioners are his followers. It is submitted that immediately after publication of results of the election of state assembly, the present FIR was lodged. It is further submitted that the FIR is not only based on false acquisitions, but also is vague and omnibus in nature. That the specific role of the petitioner has not been identified.

2. State has objected to the prayer of the petitioner on the ground of gravity of the offence and seriousness of the injury suffered by the victim.

3. Having perused all the materials in CD as well as those on record, I find substance in the submissions made on behalf of the petitioner that though having named him in the FIR, the complainant has not been able to identify his specific role in a group fight. It is not that the personal liberty of a man can be snatched away on every drop of a hat, without sufficient and convincing material, showing his involvement in the crime as alleged. Also that the alleged offending sharp cutting weapon has not been recovered or seized.

4. Therefore, considering the materials before me, I am inclined to allow bail prayer of the petitioner.

5. It is ordered that 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 Chief Judicial Magistrate, Jalpaiguri. 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.

6. C.D. be returned.

(Rai Chattopadhyay, J.)