Sanjib Roy v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH

AT JALPAIGURI 24.12.2025 Court No.01 Item No.03 Avijit Mitra CRM (A) 856 of 2025 In Re:- An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

And In Re: Sanjib Roy -Petitioner Mr.Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Subham Kumar, Ms. Sayantani Das ...for the Petitioner Mr. Biswarup Roy ...for the State Apprehending arrest in connection with Malbazar Police Station Case No.504 of 2025 dated 04.11.2025 under Sections 115(2)/316(2)/318(4) of BNS, 2023, the present application has been preferred.

Mr. Bhowmik, learned advocate appearing for the petitioner submits that the petitioner is a sub-broker and the complainant invested a large sum of money in share trading but he suffered huge loss. The complaint was thereafter lodged exaggerating the incident. As the same was not being treated as FIR, the complainant preferred an application under Section 156(3) of the Code of Criminal Procedure and pertaining to the order passed in the same, the complaint was registered as FIR. The dispute has a civil profile and the petitioner has been falsely implicated. The allegations levelled are absolutely unfounded and in the said conspectus custodial interrogation may not be necessary.

Considering the submission of Mr. Bhowmik that no notice under Section 35(3) BNS was served upon the petitioner, this Court directed the petitioner to appear before the investigating officer and the State was directed to file a report as to whether the petitioner was cooperating.

Pursuant to such direction Mr. Roy, learned advocate appearing for the State has placed the report of the investigating officer. Let the said report be kept on record. Considering the nature of accusations and dispute, the conduct of the petitioner and the extent of complicity of the petitioner in the alleged offence I am of the opinion that his custodial interrogation is not necessary.

Accordingly, I direct that in the event of arrest the petitioner, namely, Sanjib Roy shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with a further condition that the petitioner shall meet with the investigating officer once in a week till such investigation is complete.

The application for anticipatory bail, being CRM (A) 856 of 2025, is disposed of.

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