27.07.2026 Serial no. 36 BP ( allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 114 of 2026 In re: An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 in connection with Haldibari Police Station Case No. 40 of 2026 dated 03.03.2026 under Section 64/351(2) of Bharatiya Nyay Sanhita, 2023. -And- In the matter of : Dipankar Roy … … Petitioner Mr. Jaydeep Kanta Bhowmick Mr. Sayantan Bhowmik Mr. Shubham Kumar Ms. Jasmin Haque Ms. Priti Das … … For the Petitioner Mr. Avrojyoti Das, Ld. APP Mr. Atul Dong … …For the State 1. The bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for 146 days. It is submitted that the investigation of the case is already concluded into a chargesheet. It is further submitted that the petitioner has been falsely implicated in the instant case. The victim happens to be a married lady and there was a relationship between the victim and the petitioner 2 which turned sour. It is also submitted that there was a consensual relationship between the petitioner and the victim. He prays for bail. 3. On the other hand, learned advocate for the State refers to various materials in the case diary. It is submitted that the petitioner was examined under Section 183 of the BNSS and has implicated the present petitioner. He also relies upon medico legal examination of the victim as contained in the case diary. 4. As evident from the materials in the case diary and upon hearing the submissions made on behalf of the parties, it transpires that the petitioner is alleged to have committed rape upon the victim. According to the case made out in the first information report, the petitioner used to give immoral proposals to the victim since after her marriage. The victim was married six years ago. There were allegedly several attempts by the petitioner to commit rape upon the victim. There were several village salishis wherein the petitioner was restrained from making any illicit proposal to the victim. 5. As noted above, it is evident from the case made out in the first information report that the victim happens to be a married lady, her marriage was solemnized six years prior to the incident. There appears to be several attempts by 3 the petitioner to give immoral proposal to the victim. There were several village salishi over the issue. However there is nothing in the case diary to suggest that any such incident was ever reported to the police contemporaneously. The investigation of the case has already ended in a charge sheet. 6. Considering the aforesaid facts and circumstances of the case and also taking into account that the petitioner is no longer required for the purpose of investigation and he has been in custody for over 146 days, I am inclined to enlarge the petitioner on bail. 7. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Mekhliganj, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. 8. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 4 9. The prayer for bail of the petitioner is allowed. 10. CRM(M) 114 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)