17.08.2026 Item no. 38. Court No.11. S.De 1635 (Dismissed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 601 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. And In the matter of : Rafikul Islam @ Chhoto Babu. ……Petitioner. Mr. Hillol Saha Podder ……for the Petitioner. Ms. Panchali Deb Sikder (Nag), Ms. Smita Mitra Sinha, Mr. Roumyadip Saha, ……for the State. Mr. Ujjal Luksom, …for the de facto complainant. 1. The petitioner says that there was a love affair between him and the victim lady. He did not commit any crime. In any event, he is fully prepared to co-operate with the investigating officer. He prays for pre-arrest bail. 2. Learned counsel for the State and the de facto complainant/victim strongly oppose the prayer. They say that there was no affair between the petitioner and the victim lady. The victim is a married lady with a five- year old child. She was sleeping in her house with her child. Her husband was away on work. Taking advantage, the petitioner trespassed into the house of the victim and tried to rape her. 2 3. I have seen the statement of the victim lady recorded under Section 183 of the B.N.S.S. Prima facie, there does not seem to be any love affair between the petitioner and the victim. The investigation is going on. 4. On an overall appreciation of the facts and circumstances of the case and given the nature of allegations against the petitioner, I am not inclined to allow this prayer for anticipatory bail. 5. CRM (A) 601 of 2026 is dismissed. (Arijit Banerjee, J.)