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2026 DAILYLAW 218 (CAL)

VISHAL RAJBHAR v. STATE OF WEST BENGAL

CRM (A)/215/2026 · 2026-02-05

Jay Sengupta

body2026

Judgment text

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66 05-02-2026 (ct. no. 28) KOLE Allowed 265700 CRM (A) 215 of 2026 In re: An application for anticipatory bail under Section 482 of the BNSS in connection with Shyampukur Police Station Case No. 213 of 2025 dated 13.12.2025 under Sections 115(2)/126(2)/118(1)/304(2)/351(2)/64/69/74/78/79 of the BNSS. - A n d - In the matter of : Vishal Rajbhar .... Petitioner. Mr. Debojyoti Deb, Mr. Shyamal Mondal, Mr. S. Parekh, Mr. A. Bhowmick, Mr. S. Halder, Ms. Ahana C. Routh, Ms. Ritika Ghosh, … For the Petitioner. Mr. Prasun Kr. Dutta, Ms. Rita Datta, … For the State. Mr. A. Banerjee, Mr. S. K. Singh, … for the victim Learned Advocate appearing for the petitioner submits as follows. The petitioner has known the alleged victim for about five years. They were in a group of friends who used to visit night clubs and pubs. The petitioner had become intimate with the alleged survivor between September and November, 2025. After they broke up, on the particular day in December, 2025 when the alleged victim was coming out of a place in a motorcycle with her present boyfriend, certain remarks were made by the said boyfriend. This led to a scuffle. For taking revenge, the alleged victim lodged a false FIR against the present petitioner. 2 Learned Advocate appearing for the defacto complainant strongly opposes the prayer for anticipatory bail. Learned Advocate appearing for the State opposes the prayer for anticipatory bail. He relies on the case diary and refers to the injury report, which does not clearly show any visible injury. He also relies on statement of the victim, which was recorded before the Magistrate and which speaks of a prior relationship and gives another version of the incident that took place on the particular day. Considering the above, the other materials available in the case diary, the fact that the two were acquainted for long and the absence of any grievous injury, I do not think that custodial interrogation of the petitioner is necessary and I am inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is allowed. Accordingly, in the event of arrest, the petitioner, namely, Vishal Rajbhar 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate the witnesses and shall cooperate with the investigation. The petitioner shall meet the I.O. twice in a week submission of report in final form. The application for anticipatory bail is, thus, disposed of. ( Jay Sengupta, J. )