Sudan Roy And ORS v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE 24.12.2025 Court No.01 rpan/12 CRM (A) 940 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: Sudan Roy & Others - Petitioners.

Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Subham Kumar, Ms. Sayantani Das ...for the Petitioners.

Mr. Ujjwal Luksom, Mr. Tapan Bhattacharjee, Mr. Chhatu Roy ...for the State.

Apprehending arrest in connection with NJP Police Station Case no.706 of dated 14.10.2025 under Sections 336(3)/340(2)/308(2)/329(4)/117(2)/303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, the present application has been preferred. Mr. Bhowmik, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated on the rudiments of vague allegations and upon exaggerating the incident. Two civil suits are pending amongst the parties and the dispute primarily has a civil profile. In the said conspectus, custodial interrogation may not be necessary.

Mr. Luksom, learned advocate appearing for the State opposes the petitioners' prayer and draws my attention to the statement of the witnesses as well as the order passed by the learned sessions judge rejecting the petitioners' prayer for anticipatory bail.

Heard the learned advocates appearing for the respective parties.

It, prima facie, appears that the dispute amongst the parties is civil in nature and there are two pending civil suits amongst the parties. In the case diary there is no injury report. Considering the nature of accusations and the dispute and the extent of complicity of the petitioners in the alleged offence, I am of the opinion that their custodial interrogation is not necessary. However, their movement needs to be restricted.

Accordingly, I direct that in the event of arrest the petitioners, namely, Sudan Roy, Abdul Kader @ Anwar @ Quader, Md. Ali Baksh and Naresh Roy shall be released on bail upon furnishing a bond of Rs.10,000/- each 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, 2023 with a further condition that they shall meet with the investigating officer once a week till investigation is completed. The application for anticipatory bail, being CRM (A) 940 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.)