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2026 DAILYLAW 34574 (CAL)

BIMAL CHANDRA ROY @ BIMAL ROY v. THE STATE OF WEST BENGAL

CRM(A)/615/2026 · 2026-08-19

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.08.2026 Item no. 8. Court No.11. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 615 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No.358 of 2026 Dated 12.06.2026 under Sections 316(2)/318(4)/336(2)/336(3)/340(2) of the B.N.S. 2023 And In the matter of : Bimal Chandra Roy @ Bimal Roy ……Petitioner. Mr. Sandipan Ganguly, Sr. Adv, Mr. Karan Dudhwewala, Mr. Soumyadeep Basu ……for the Petitioner. Mr. Avrojyoti Das, ld. APP Mr. Uday Bhattacharya, Mr. Nigam Mittal ……for the State. Ms. Rajni Singh Dev ……for the Defacto complainant. 1. The allegations are of breach of trust, cheating and forgery. Sections 316(2), 318(4), 336(2), 336(3) and 340(2) of the B.N.S. 2023 have been invoked. 2. The petitioner says that an agreement was entered into between him and the defacto complainant whereunder the complainant had agreed to purchase certain lands which the petitioner was supposed to sell on behalf of the land owners. The petitioner holds the authority letters from the land owners. The complainant claims that he has paid huge sums of money in cheque and cash. In fact, no cash amount has been paid. In or about Rs.14 Lacs by cheque has been paid. Learned Senior Counsel 2 for the petitioner says that the dispute between the complainant and the petitioner is essentially civil in nature. He is prepared to fully cooperate with the Investigating Officer. He prays for pre arrest bail. 3. Learned Counsel for the State produces the case diary. He says that it appears from the material on record that about Rs.6 Lacs was paid by the complainant to the petitioner in cash. He leaves the matter to the discretion of the Court. 4. Learned Advocate for the defacto complainant strongly opposes the prayer for anticipatory bail. 5. I have considered the facts and circumstances of the case. Prima facie, it appears that the dispute between the parties i.e. the defacto complainant and the petitioner is civil in nature. There are allegations and counter allegations. I am of the view that immediate custodial interrogation of the petitioner may not be necessary so long as he fully cooperates with the Investigating Officer. 6. Accordingly, in the event of arrest, the petitioner, namely Bimal Chandra Roy @ Bimal Roy shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that he shall report to 3 the Investigating Officer within three days from date and as and when called for, until further orders. 7. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 8. CRM (A) 615 of 2026 stands disposed of. 9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.)