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Calcutta High CourtCRM(A)/589/2025allowed

Alla Ramakrishna v. State Of West Bengal

2025-08-19Hon'Ble Justice Kausik Chanda3 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.08.2025.

Appellate Side Sl. 40 AKG Ct. 01 Allowed CRM (A) 589 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No. 460 of 2025 dated 22.05.2025 under Sections 64(2) ( c ) (m)/318(4)/ 351 (2) /79 of the Bharatiya Nyaya Sanhita pending before the Chief Judicial Magistrate at Jalpaiguri. And In the matter of : Alla Ramakrishna ... Petitioner Mr. Arunava Paul ..for the Petitioner Mr. Nilay Chakraborty, Mr. Kallol Acharjee, Mr. Sagnik Sankar Sikdar ..for the State The petitioner appears to be a personnel serving in the Indian Army.

It further appears that the petitioner and the victim came into contact with each other through their respective Instagram accounts.

The complaint lodged by the victim indicates that she travelled to Siliguri, West Bengal, from Vijayawada, Andhra Pradesh, and stayed with the petitioner for approximately ten days.

It is also relevant to note that the "Zero FIR" was lodged approximately five months after the alleged incidents. Furthermore, it has been brought to the Court's notice that the victim is a married woman and has three children.

The learned advocate appearing on behalf of the State opposes the prayer for anticipatory bail. Having considered the materials on record, the nature of the allegations, the delay in lodging the FIR, and the circumstances surrounding the relationship between the parties, I am of the view that the petitioner deserves the benefit of anticipatory bail.

I am of the considered opinion that custodial interrogation of the petitioner is not necessary at this stage in connection with the present case.

Accordingly, the petitioner, namely Alla Ramakrishna, in the event of arrest, shall be released on bail upon furnishing a bond of ₹ 50,000/- (Rupees Fifty Thousand only), with two sureties of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri. The grant of bail shall be subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),

and on the further condition that the petitioner shall appear before the Investigating Officer once in a fortnight until submission of the charge-sheet.

In the event of any default in appearance, the jurisdictional court shall be at liberty to take appropriate steps to secure the presence of the petitioner, including cancellation of the anticipatory bail granted herein, without further reference to this Court.

Accordingly, CRM (A) 589 of 2025 stands allowed.

Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.

(Kausik Chanda, J.)