27.04.2026 Court No.7 Item No.26 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(M) 104 of 2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with Banarhat Police Station Case No.173 of 2022 dated 31.05.2022 under Sections 376(2)(n) and 506 of the IPC. And In the matter of: Dayal Roy @ Bablu ….Petitioner. Mr. Sourav Ganguly Mr. Gopal Roy Ms. Rishita Chakraborty …. For the Petitioner. Mr. Ujjwal Luksom Mr. Subhasish Mishra … For the State. Mr. Sourav Lohani … For the de facto complainant. 1. This is the fifth application for bail. It appears from the earlier orders rejecting the bail application of the petitioner the victim might have been mentally disturbed. The complaint was lodged by the wife of the accused/applicant. The victim is the younger sister of the complainant and/or sister-in-law of the applicant. 2. The changed circumstances of the case based on which the instant application is made, is that the evidence of PW-1 to PW-3. 3. This Court is of the view, that the said evidence cannot by itself be a ground for enlarging the petitioner on bail. 2 4. This Court does not see any reason to enlarge the petitioner on bail at this stage based on the evidence of PW-1 to PW-3 in course of trial. It would be presumtious for this Court to preempt a decision of the entire trial based on the evidence of the three initial witnesses. 5. Hence, CRM(M) 104 of 2026 is dismissed. (Rajasekhar Mantha, J.)