Rabin Roy @ Robin Roy v. The State Of West Bengal

In The High Court at Calcutta In the Circuit Bench at Jalpaiguri 08.01.2025 CRM (A) 994 of 2024 KAUSHIK/ct. 1 sl no. 03 In Re:An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with GR Case No.4074/2023 in Jalpaiguri Police Station Case No.755 of 2023 dated 03.08.2023 under sections 447/379/34 of the Indian Penal Code.

And In the matter of: Rabin Roy @ Robin Roy ...... petitioner Mr. Biswarup Roy ...... for the petitioner Mr. Ujjal Luksom Mr. Tapan Bhattacharjee ...... for the State We have considered the submissions made on behalf of the parties.

On perusal of the entire materials on record and the case diary, it appears that there are previous pending civil disputes between the parties pertaining to purchase and sale of land. In support of such allegations, the petitioner also relies on a proceeding before the West Bengal Land Reforms and Tenancy Tribunal.

The State is represented.

Considering the allegations as against the petitioner and the nature of disputes, which prima facie appear to be civil in nature, we are of the view that custodial interrogation of the petitioner is

not necessary. There is also a serious possibility of the petitioner being falsely implicated.

Considering the facts and circumstances of the case and having regard to all the materials on record, we are inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail stands allowed. In the event of arrest of the petitioner, namely, Rabin Roy @ Robin 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 condition 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 or commit similar offences in future.

It is further directed that the petitioner shall meet the Investigating Officer of the case every week until further orders. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This order shall remain operative for a period of four weeks from date within which the petitioner shall surrender before the Trial Court. The Trial Court is at liberty to consider the prayer for bail on its own merits without being influenced by any observations made by this Court.

With the above directions, CRM(A) 994 of 2024 stands allowed.

(Ravi Krishan Kapur, J.) (Uday Kumar, J.)