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2026 DAILYLAW 31889 (CAL)

BAPPA JANA v. STATE OF WEST BENGAL AND ANR

CRM (A)/769/2026 · 2026-07-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.07.2026 Serial no. 4 [G.S.D] CRM (A) 769 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Uluberia Women PS Case No. 02 of 2026 dated 03.01.2026 u/s 69/74/115(2)/351(2)/3(5) of the BNS, 2023, GR No. 32 of 2026. -And- In the matter of : Bappa Jana … Petitioner(s) Mr. Soumya Basu Roy Chowdhuri Mr. Abir Dolui … for the petitioner(s) Mr. Amal Kumar Dutta Mr. Rishav Kumar Thakur … for the State-respondent(s) Mr. Tanmay Chowdhury Ms. R. Ghosh … for the defacto-complainant Learned advocate for the petitioner submits that the petitioner has been falsely implicated in connection with the instant case. So far as the lady is concerned, she was able to understand the consequences of her act and there is hardly any ground for custodial detention of the present petitioner. Therefore, learned advocate prays that the petitioner may be enlarged on bail. Learned advocate for the defacto-complainant opposes the prayer for bail and submits that the petitioner 2 allured the victim, thereafter, videographed certain intimate photographs. Consequently, blackmailing the victim. Learned advocate for the State draws the attention of the court to the statement of the victim under section 183 of the BNSS as also the relevant materials appearing in the case diary. I have taken into account the statement of the victim which reveal that the relationship existed from the year 2019 and the factum that the victim refused for any medicolegal examination. Moreover, the victim is the mother of two children and a widow also. There is Photostat copy of the video recording as is submitted by the State. Be that as it may, primarily, I find that the lady was aware of the consequences of the relationship. Having considered the aforesaid facts including the stage of the case, I am of the view that, let the investigation of the case continue, however, custodial detention of the present petitioner may not be warranted in the facts of the present case. Hence, the prayer for anticipatory bail of the petitioner is Allowed. Accordingly, I direct that in the event of arrest, the petitioner [Bappa Jana] be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) 3 each, one of whom must be local, to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner shall meet with the Investigating Officer of the case within a period of 10 days, thereafter, the Investigating Officer will fix necessary dates for the petitioner to attend the police station for the sake of investigation. Accordingly, CRM (A) 769 of 2026 is disposed of. Pending application(s), if any, is also disposed of. Memo of evidence submitted by the State be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.) 4