19.08.2026 DL-17 Court No.551 [Bench ID-266058] (AD) (Partly Allowed) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2428 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with GR-887 of 2026 arising out of Gangarampur Police Station Case No.374 of 2026 dated 08.06.2026 under Sections 318(4)/351(2)/64/3(5) of Bharatiya Nyaya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, District-Dakshin Dinajpur. And In the matter of: Apurba Sarkar & Ors. ….petitioners Ms. Jeenia Rudra, Advocate Mr. Rishav Deb Barman, Advocate Ms. Sukanya Banerjee, Advocate …for the petitioners Mr. Brajesh Jha, Ld. APP Ms. Sanjana Jha, Advocate … for the State Ms. Debangana Dey, Advocate … for the de facto complainant 1. Memo of evidence filed in Court be taken on record. 2. Learned Advocate appearing for the petitioners does not press the prayer for anticipatory bail application in respect of petitioner no.1 (Apurba Sarkar) since he has been arrested. 3. In such circumstances, C.R.M. (A) 2428 of 2026 is dismissed as infructuous so far as the petitioner no.1 (Apurba Sarkar) is concerned. 4. The prayer for anticipatory bail in respect of petitioner nos.2 to 4 is taken up for consideration. 5. It is submitted that the petitioners are not attributed with any specific overact in respect of the alleged incident. She 2 submits that the petitioners have been implicated in this case being the father and other family members of the principal accused. She prays for anticipatory bail. 6. Learned Advocate appearing for the State refers to the various materials in the case diary and submits that the petitioner nos.2 to 4 are the family members of petitioner no.1. The allegations made in the First Information Report are as against the petitioner no.1 who stood arrested. 7. On perusal of the materials in the case diary, it appears that the petitioner no.1(Apurba Sarkar) is alleged to have come in touch with the de facto complainant through social media since March, 2025. Thereafter, petitioner no.1 (Apurba Sarkar) involved in sexual relationship with de facto complainant on promise to marriage. However, he never kept his promise and for such reason, the de facto complainant came up with the First Information Report as against the petitioners. So far as the allegations as against the present petitioners being petitioner nos.2 to 4 in this anticipatory bail application are concerned, when the de facto complainant informed these petitioners about her relationship with petitioner no.1 (Apurba Sarkar), the present petitioners did not take any steps in this regard. 8. From the materials in the case diary, it is evident that the de facto complainant as well as the petitioner no.1 both were adult and consensually came into such relationship. 9. In such circumstances, I am inclined to grant anticipatory bail to the petitioner nos.2 to 4. 3 10. Accordingly, I direct that in the event of arrest, the petitioner nos.2 to 4 shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner nos.2 to 4 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner nos.2 to 4 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 nos.2 to 4 in Court including cancelling the anticipatory bail granted without further reference to this Court. 11. The prayer for anticipatory bail of the petitioner nos.2 to 4 is allowed. 12. C.R.M. (A) 2428 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.19 19:26:52 +05'30'