BIKASH KUMAR RAY @ VIKASH KUMAR RAY @ BIKASH RAY v. STATE OF WEST BENGAL AND ANR
CRM (A)/2390/2026 · 2026-08-18
Md Shabbar Rashidi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32802 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32802 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18.08.2026 Serial no. 12 Court no.551 (MKP)
CRM (A) 2390 of 2026
In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Howrah PS Case No. 357 of 2025 dated 16.08.2025 u/s 123/318(2)/69 of the BNS 2023. -And-
In the matter of : Bikash Kumar Ray @ Vikash Kumar Ray @ Bikash Ray. … Petitioner
Mr. Soumya Basu Roy Chowdhuri, Mr. Abir Dalui. … for the petitioner
Mr. Kaustav Manna. … for the State-respondent(s)
1. None appears on behalf of the defacto complainant despite service. 2. Affidavit of service filed be kept with the record. 3. Learned advocate for the petitioner submits that the investigation of the case has ended in the charge- sheet against the present petitioner under Sections 123/318(2)/69 of BNSS. 4. Learned advocate for the petitioner further submits that the petitioner was in a relationship with the
2 defacto complainant. Both of them are adults. Defacto complainant filed the instant case falsely when such relationship turned sour. 5. On the other hand, learned advocate for the State relies upon the various materials in the case diary. He refers to the statement of the victim recorded under Section 183 of BNSS as well as the medical examination report of the victim. 6. The petitioner is alleged to have committed rape on the defacto complainant. A charge-sheet has been submitted after investigation. I have gone through the statement of the victim girl recorded under Section 183 of the BNSS. 7. Considering the materials and the case diary, it transpires that the defacto complainant and the petitioner, both are adults. The materials collected in course of investigation suggest that there was a relationship between two adults and a case has been registered at the behest of the defacto complainant, when such relationship turned sour. 8. In such circumstances, considering the nature of allegations as well as the materials in the case diary, prayer for anticipatory bail is allowed. 9.
Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a
3 bond of Rs.10,000/- (Rupees Ten Thousand Only), to the satisfaction of the arresting officer and also be 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 BNSS and on further condition that petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 10. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 11. CRM (A) 2390 of 2026 is disposed of. (Md.Shabbar Rashidi. J)