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Calcutta High CourtCRM(M)/232/2025allowed

Prahlad Ray @ Prahllad Roy v. The State Of West Bengal And ANR.

2025-08-20Hon'Ble Justice Partha Sarathi Chatterjee3 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 20.08.2025.

Ct.No.04.

as (Allowed) C.R.M. (M) 232 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jalpaiguri Women P.S. Case No.130 of 2025 dated 22.07.2025 under Sections 64/62/351(2) of BNS.

In the matter of : Prahlad Ray @ Prahllad Roy. .... Petitioner.

Mr. Joydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Subham Kumar, Ms. Sayantani Das.

...for the Petitioner.

Mr. Kallol Acharjee, Mr. Sagnik Sarkar Sikdar.

...for the State.

1.

This application for bail has been preferred under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, BNSS) in connection with Jalpaiguri Women P.S. Case No.130 of 2025 dated 22.07.2025 under Sections 64/62/351(2) of BNS. 2.

Mr. Bhowmik, learned Advocate appearing for the petitioner, submits that the allegation against the petitioner is that he attempted to commit rape upon the victim. He states that the petitioner is the father-in-law of the victim and has been falsely implicated in this case following a property-related dispute. He further submits that the victim and her husband had been continuously pressuring the

petitioner to transfer property in their favour, and since he refused to accede to their demand, he has been falsely implicated. He, therefore, prays that the petitioner be enlarged on bail. 3.

Mr. Acharjee, the learned Advocate representing the State produces the case diary and relying upon the materials available in the Case Diary, vehemently opposes the prayer for bail. 4.

Heard the learned Advocates appearing for the respective parties and perused the case diary and other materials on record. 5.

In the present case, the charge-sheet has been submitted. The petitioner has been in custody since 23rd July, 2025. The incident is alleged to have occurred in the presence of direct evidence. Considering all these facts, I am of the view that further detention of the petitioner will not serve any purpose.

6.

Hence, the prayer for bail of the petitioner is allowed. 7.

Accordingly, the petitioner, viz., Prahlad Ray @ Prahllad Roy, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of Rs. 5,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, subject to the conditions that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 8.

In the event the petitioner fails to appear before the trial court without a justifiable cause, the trial court shall be at liberty to cancel

his bail in accordance with law, without any further reference to this Court.

9. This application for bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.)