09.07.2026 Court No.28 Item No. 116 tbsr Allowed CRM (A) 1697 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak P.S. Case No.287 of 2026 dated 27.02.2026 under Sections 126(2)/118(2)/103(1)/3(5) of the BNS, 2023. And In the matter of: Dipali Mandal & Ors. ….Petitioners. Mr. Sanat Kr. Das Mr. Sujan Chatterjee Mr. Rohan Bavishi ….for the petitioners. Mr. Soumya Raha ….for the State. Learned counsel for the petitioner submits as follows. The petitioners have been falsely implicated in this case. Actually, the daughter of one of the principal accused in this case was raped by the alleged victim. As an aftermath, there was a scuffle. But, the petitioners were not at all responsible for the death of the alleged victim. No FIR regarding the rape could be lodged because the victim died soon thereafter and some of the co-accused were taken into custody. The victim of rape has been made an accused in this case. She is minor and is not before this Court. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the FIR, the post mortem report and the statements of witnesses recorded before the police as well as before the learned Magistrate. While in the FIR and in some statements of witnesses recorded before the police, the names of the present petitioners also transpired, in the 2 statement made before the Magistrate the present petitioners were not named. One of the principal accused, who was specifically named in the 164 statement, is in custody. There is a reference to the prior incident of rape in the statement of witness present at page 84 of the case diary. Considering the above, the other materials available in the case diary, the fact that the present petitioners were not specifically named by the witnesses who were examined before the learned Magistrate and the fact that a charge sheet has been submitted, I am inclined to grant anticipatory bail to the present petitioners. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each 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 the further conditions that the petitioners shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. The presence of the Investigating Officer is noted and is dispensed with. 3 Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)