Extracted from the PDF above. The PDF is authoritative.
18.08.2026 Item no. 24. Court No.11. S.De 1635 (Allowed)
Calcutta High Court
In the Circuit Bench at Jalpaiguri
CRM (A) 631 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 Kumargram Police Station Case No.265 of 2016 Dated 07.08.2016 under Sections 341/326/307/34 of the Indian Penal code. And In the matter of : Bapan Roy & Anr. ……Petitioners. Mr. Sandip Guha,
Ms. Saheli Roy Dakua, ……for the Petitioners. Mr. Janardan Periwal, Ld. JPP,
Ms. Suman Sehanabis,
Mr. Nigam Mittal, ……for the State. 1. The petitioners are two out of four accused persons. They say that they have been falsely implicated. They pray for pre-arrest bail. They say that chargesheet has already been filed. The other two accused persons surrendered before the learned Trial Court and obtained regular bail. 2. From the case diary I have seen the statement of the victim recorded under Section 161 of Cr.P.C. He specifically names the petitioner no.1 as the person who inflicted injury on him with a blade. 2
3. I have also seen the injury report. The injury seems to be simple in nature. 4. In view of the aforesaid, I am of the opinion that immediate custodial interrogation of the petitioners is not necessary. 5. The petitioner shall surrender before the learned Trial Court within three days and obtain regular bail. 6. For the period of three days, no coercive step be taken against the petitioners. 7. Accordingly, in the event of arrest, the petitioners, namely Bapan Roy and Swapan Roy shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 they shall meet the Officer-in-Charge once in a fortnight of this case or as and when called for. 8.
8. In case the petitioners fail 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. 3
9. The application for anticipatory bail, being CRM (A) 631 of 2026, stands disposed of. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.)