16.10.2025 Serial no. 2 (Anticipatory bail) (Allowed) ( Dd ) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A)/770/2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Birpara Police Station Case No. 99 of 2025 dated 04.07.2025 under Sections 64 of Bharatiya Nyaya Sanhita, 2023(GR case No. 1264/2025) pending before Learned Chief Judicial Magistrate, Alipurduar. -And- In the matter of : AKASH TIWARI … … Petitioner Mr. Brajesh Jah, Mr. Abhijit Shahu, Mr. Neel Chakraborty, Advocates … … For the Petitioner Mr. Nilay Chakraborty, Mr. Ujjal Luksom , Advocates … …For the State 1. Having heard the learned counsel for the petitioner and also taking into consideration the objection of the learned State counsel, it appears that the investigation is complete and the medical report is inconclusive. There are case and counter case between the parties and as the investigation is complete, I think custodial interrogation of the present petitioner is not required. 2. Consequently, I am inclined to grant anticipatory bail to the petitioner. 3. Accordingly, I direct that in the event of arrest the petitioner, namely AKASH TIWARI shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and shall abide by the 2 conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that petitioner shall not enter the jurisdiction of the local police station where the victim girl presently resides. 4. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 5. The application for anticipatory bail of the petitioner stands allowed. 6. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)