CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 02.07.2026 Ct No.5 Item No.26 S.K. CRM (A) 433 of 2026 In Re:- An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, And In Re: Dhananjay Barman ..… Petitioner Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Mr. Shubham Kumar Ms. Jasmin Haque Ms. Priti Das ….For the Petitioner Mr. Avrojyoti Das, ld. APP Mr. Uday Bhattacharjee Mr. Sanjay Mazoomdar Ms. Madhushri Dutta ……For the State 1. The petitioner is the accused person in connection with Kotwali Police Station Case No. 228 of 2026 dated 18.05.2026 under Sections 109(2)/115(2)/117(2)/126(2)/3(5)/351(2)/74/75 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending before the learned Chief Judicial Magistrate, Jalpaiguri. 2. It appears that concerning an incident which happened on 17.2.2026, between the parties, the petitioners lodged a 2 complaint on 18.2.2026. On the basis of the same, the FIR was registered on 19.2.2026. 3. Mr. Bhowmik, learned advocate for the petitioner has submitted that as a counter blast and after an inordinate delay the present complaint was lodged under Section 175(3) of BNSS by the defacto complainant on 18.5.2026. 4. That the belated complaint was afterthought and the petitioner’s involvement in the alleged manner as mentioned in the complaint is only false and frivolous, he submits. 5. Having perused the C.D. and the record, it is found indeed that the present complaint against the present petitioner is belated i.e. concerning incident on 17.2.2026. The same has been lodged on 18.5.2026 without any explanation much less any sufficient explanation for occurrence of such delay. C.D. is not containing any injury report though the statements are supporting the prosecution case. 6. It is also noted that the self-same incidence has made the petitioners aggrieved and as such they have filed their complaint immediately after the incident before the competent court. On the basis of the same, the specific police case has been started, even before the instant complaint was lodged against the petitioner. 7. Considering all as above, petitioner’s custody for the purpose of investigation is not found to be necessary. Hence, bail prayer is allowed. 3 8. In the event of arrest the petitioner shall be granted bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri in connection with Kotwali P.S.Case No. 228 of 2026 dated 18.5.2026 under Sections 109/115(2)/117(2)/126(2)/3(5)/351(2)/74/75 of BNSS. The petitioner shall comply with the condition under Section 482(2) of the BNSS, 2023 and shall cooperate with investigation in all possible way. He shall not intimidate witnesses in any manner and shall not tamper with the evidence of the case in any manner whatsoever. 9. C.D be returned. (Rai Chattopadhyay, J.)