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Calcutta High CourtCRM(A)/594/2025allowed

Parimal Roy v. The State Of West Bengal And ANR

2025-09-08Hon'Ble Justice Dinesh Kumar Sharma2 pages

08.09.2025 Ct. No.3 Sl. No.22 Mujahid Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 594 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023 in connection with Alipurduar P.S. Case No.271 of 2025 dated 14.07.2025 under Sections 64/108 of the BNSS, 2023.

And In the matter of: Parimal Roy ....Petitioner Mr. Arijit Ghosh, Ms. Angana Rakshit ...for the petitioner Mr. Abhijit Sarkar, Mr. Tapon Bhattachrjee ...for the State Mr. Subhasish Misra, Mr. Satyajit Paul ...for the de facto complainant 1.

Affidavit of service has been filed, let it be taken on record. 2.

This is a very strange case. The complaint has been lodged by complainant, alleging therein that three days before registration of FIR, when the complainant reached home suddenly he heard some unusual voices from outside and upon entering the house, he saw the petitioner forcibly committing rape upon his wife. The wife committed suicide on the same day after some time by hanging. The delay was explained that the de

facto complainant was busy in the post-mortem and other formalities.

3.

Learned counsel for the State and de facto complainant has opposed the bail application on the ground that the deceased wife of the complainant was forcibly raped. 4.

Admittedly, the petitioner and the victim were major. The alleged incident had taken place inside the house of the victim. Admittedly, the victim is no more.

5.

Taking into account, the facts and circumstances of the case, in the event of arrest, the petitioner be released on anticipatory bail on furnishing a personal bond of Rs.10,000/- (Rupess Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions that petitioner shall join the investigation as and when directed by the Investigating Officer.

6.

The application for anticipatory bail is thus, disposed of. 7.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Dinesh Kumar Sharma, J.)