Dilip Kumar Barman@Dilip Barman v. The State Of West Bengal And ANR

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE 17.12.2025 Court No.01 rpan/05 CRM (A) 854 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure); And In Re: Dilip Kumar Barman @ Dilip Barman - Petitioner.

Ms. Suman Sehanabis, Ms. Anwesha Chakraborty ...for the Petitioner.

Mr. Abhijit Sarkar, Mr. Sagnik Sankar Sikdar ...for the State.

Apprehending arrest in connection with Sitalkuchi Police Station Case no.449 of 2024 dated 23.09.2024 under Sections 64/351(3) of the Bharatiya Nyaya Sanhita, 2023, the present application has been preferred.

Ms. Sehanabis, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated on the rudiments of a complaint lodged by a married lady. Records would reveal that the complainant voluntarily met with the petitioner and they even stayed overnight. In such sequence of facts, custodial interrogation of the petitioner may not be necessary. Mr. Sarkar, learned advocate appearing for the State opposes the petitioner's prayer and draws my attention to several documents in the case diary, including the statement of the complainant recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Having heard the learned advocates appearing for the respective parties and considering the statement made by the complainant under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the nature of accusations and the extent of complicity, I am not inclined to exercise discretion in favour of the petitioner.

Accordingly, the application for anticipatory bail, being CRM (A) 854 of 2025, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)