29.07.2026 Item No.30 Court No.9 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M.(M) 208 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with Samuktala Police Station Case No.122 of 2026 dated 14.04.2026, under Sections 80/85 of the Bharatiya Nyaya Sanhita (BNS), 2023. And In the matter of : Swapan Roy ...… petitioner Mr. Hillol Saha Podder, Advocate …for the petitioner Mr. Avrojyoti Das, Ld. A.P.P. Mrs. Ruchika Agarwal, Advocate Mr. Nigam Mittal, Advocate …for the State 1. Bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner happens to be the husband of the victim and has been in custody for more than 100 days. Chargesheet has already been submitted in the case. The other in-laws of the victim were granted bail by the learned jurisdictional Court. The victim committed suicide at her matrimonial house. He prays for bail. 3. Learned advocate for the State relies upon the materials in the Case Diary. She refers to the Post Mortem Report and the statements of the witnesses recorded under 2 Section 180 of the BNSS as well as statement of the father of the victim recorded under Section 183 of the BNSS. She opposes the prayer for bail. 4. Perused the materials in the Case Diary. 5. It transpires from such materials that the victim was married to the petitioner. After marriage, victim used to reside at her matrimonial house. She was subjected to torture at her matrimonial house by the petitioner and other in-laws for which the petitioner committed suicide. 6. I have gone through the Post Mortem Report of the victim which confirms the death by suicide. 7. There are statements of the relatives and victim as well as the local witnesses which state that the victim was subjected to torture by the petitioner and the other in- laws. 8. It is not in dispute that other accused persons have been granted bail by the learned jurisdictional Court. The petitioner has been in custody for more than 100 days. Investigation of the case has already culminated into a chargesheet. 9. Taking into consideration of the facts and circumstances of the case, materials in the Case Diary and period of detention undergone by the petitioner, the petitioner may be enlarged on bail. 10. Consequently, prayer for bail of the petitioner is allowed. 3 11. 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 Chief Judicial Magistrate, Alipurduar, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 12. In the event, petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 13. CRM(M) 208 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)