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2026 DAILYLAW 31366 (CAL)

MAMPI ROY AND ANR v. THE STATE OF WEST BENGAL AND ANR

CRM(A)/558/2026 · 2026-07-30

Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30.07.2026 SL No.11 Court No.11 (gc) (Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRM (A) 558 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Session (POCSO) Case No.22 of 2026 corresponding to (POCSO) Case No.20 of 2026 arising out of Bhorer Alo Police Station Case No.321 of 2025 dated 22.11.2025 under Sections 85/108 of the BNS wherein charge sheet has been submitted under Section 137(2)/96/107/3(5) of the BNS, 2023. And In the matter of : Mampi Roy & Anr. - Petitioners. Mr. Sankar Chandra De, Mr. Indrajit Mondal ….For the Petitioners. Mrs. Panchali Deb Sikder (Nag), Sr. Govt. Adv., Mr. Debanjan Das, Mr. Atul Dong … For the State. 1. The petitioners pray for pre-arrest bail in connection with Session (POCSO) Case No.22 of 2026 corresponding to (POCSO) Case No.20 of 2026 arising out of Bhorer Alo Police Station Case No.321 of 2025 dated 22.11.2025 under Sections 85/108 of the BNS wherein charge sheet has been submitted under Section 137(2)/96/107/3(5) of the BNS, 2023. 2. The petitioners are the sister-in-law (Nanad) and the husband of the sister-in-law (Nandai) of the victim. 2 3. Learned Advocate for the State opposes the prayer for pre-arrest bail and produces the case diary. 4. Upon considering the materials on record, this Court finds that the petitioners are not FIR named accused and no allegations have been made against them. Statements of the witnesses recorded under Section 180 of the BNSS are also considered. The prayer for pre-arrest bail is allowed. The petitioners reside more than 50 km away from the place of occurrence. 5. Accordingly, this Court directs that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and 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 B.N.S.S. 2023. 6. The petitioners shall appear before the jurisdictional court on the dates fixed. The petitioners shall not enter the jurisdiction of Bhorer Alo Police Station, except for the purpose of attending Court. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 7. In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court. 8. The application for anticipatory bail is, thus, disposed of. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)