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Calcutta High CourtCRM(A)/577/2025rejected

Biki Sah@Bikky Sah v. The State Of West Bengal And ANR

2025-11-19Hon'Ble Justice Bivas Pattanayak3 pages

19.11.2025 Item no.4 Court No.3 ss (Rejected)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , CRM (A) 577 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with Pradhan Nagar P.S. Case No.43 of 2025 dated 19.01.2025 under Section 69, 351(2) (3), 61(2) and 108 of BNS, 2023 corresponding to PTN No. WBDJOBP000432 of 2025 present pending before the learned Additional Chief Judicial Magistrate at Siliguri, District Darjeeling. In the matter of : Biki Sah @ Bikky Sah ... Petitioner.

Mr. Arnab Sengupta Ms. Deborshi Dhar Ms. Taniya Bhowmik ...for the Petitioner.

Mr. Nilay Chakraborty, Ld. APP Mr. Aniruddha Biswas .....for the State.

1.

Learned Advocate for the petitioner submits that the allegation in the FIR is principally against one Rajesh Roy who on the pretext of marriage has deceitfully entered into physical relationship with the victim. There are no such specific allegations as against this petitioner. The coaccused namely, Miss Muskan Gupta and Abhishek Roy have been granted anticipatory bail by this Hon'ble Court. The principal accused after being arrested has also been granted bail. Upon completion of investigation, charge-

sheet has been submitted. He seeks for grant of anticipatory bail in favour of the petitioner. 2.

Learned Advocate for the State, opposing such prayer, submits that as per the statement of the witness recorded under Section 164 Cr.P.C. there are allegations against this petitioner of blackmailing the victim of uploading her objectionable pictures in social media. The victim sustained 80% burn injury. The statement of the victim recorded under Section 161 Cr.P.C. as well as her dying declaration would show that the victim was threatened by the petitioner and others of uploading the objectionable pictures of the victim in the social media. The victim incidentally succumbed to her injuries and died. He seeks for dismissal of the application for grant of anticipatory bail.

3.

Perused the case diary and the materials on record. 4.

The statement of witness including that of the victim who sustained 80% burn injury would show that there are specific allegations against this petitioner of blackmailing the victim by threatening to upload her objectionable pictures in the social media and asking the victim for illegal favour. The postmortem report reveals that the death of the victim was due to effect of ante mortem burn injury. Considering such materials and the nature and gravity of offence, I am not inclined to grant anticipatory bail in favour of the petitioner.

5.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

6.

The application being CRM (A) 577 of 2025 stands dismissed.

(Bivas Pattanayak, J.)