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2026 DAILYLAW 33517 (CAL)

KRISHNA ROY AND ANR v. STATE OF WEST BENGAL

CRM (A)/2686/2026 · 2026-08-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.71 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2686 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with English Bazar Police Station Case No. 1415 of 2025 dated 04.07.2025 under Sections 85/108 of the Bharatiya Nyaya Sanhita, 2023. And In Re : Krishna Roy and another ... Petitioners. Mr. Sk Sarfaraj Nawaj ... For the Petitioners. Mr. Brajesh Jha, APP, Ms. Sreshtha Ghosh, Ms. Sanjana Jha ... For the State. Learned advocate appearing for the petitioners submits that petitioner no.1 is mother-in-law and petitioner no.2 is father-in-law of the deceased. The marriage was solemnized ten years prior to the date of incident. Learned advocate submits that because of trivial issues, the unfortunate incident happened which has been exaggerated and converted into FIR. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that there are statements of neighbours regarding inflicting cruelty upon the deceased. I have taken into account the overall materials appearing including the fact that husband of the deceased was arrested and subsequently granted bail. Having considered the complicity of the present petitioners, 2 although I am of the view that investigation of the case would continue, but custodial detention of the present petitioners in connection with the instant case is unwarranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners viz., 1. Krishna Roy and 2. Gangaprasad Roy shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner no.2, within a period of ten days from date, shall make himself available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner no.2 for the sake of investigation. The petitioner no.1 shall make herself available as and when called for by the Investigating Officer of the case for the sake of investigation. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2686 of 2026, is, thus, disposed of. 3 All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)