1 D/L 923 15.07.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (A) 783 of 2026 Papai Roy Vs The State of West Bengal & Anr In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Nabagram Police Station Case No. 93 of 2026 dated 18.02.2026 under Section 69 of the Bharatiya Nagarik Suraksha Sanhita, 2023 And In the matter of : Papai Roy ……Petitioner. Md. Kutubuddin …for the Petitioner Mr. Krishnendu Bhattacharyya, Ld. A.P.P Ms. Tanusree Kar …for the State 1. Learned Advocate appearing for the petitioner submits that the victim and the petitioner being in a relation were unable to understand the consequences of their act. The acts which have been attributed were done consciously and with consent of both the parties. 2. Learned Additional Public Prosecutor has produced the Case Diary. Attention of the Court has been drawn to the statement of the victim under Section 183 of the BNS. 3. I have considered the veracity of such statement and on an assessment of the same I am of the view that custodial 2 detention of the present petitioner is unwarranted. Accordingly, prayer for anticipatory bail of the petitioner is allowed. 4. As such, I direct that in the event of arrest, the petitioner be released on bail by the Investigating Officer/arresting officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. As charge-sheet has already been submitted before the jurisdictional Court the order of anticipatory bail will be valid for a period of six weeks. 6. Accordingly, CRM (A) 783 of 2026 is allowed. 7. Memo of evidence submitted be kept with the record. 8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)