08.09.2026 Item No.6 Court No.551 (Bench ID:266058) CHC Allowed In The High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M.(A) 2521 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Narayanpur Police Station Case No. 58 of 2026 dated 18.02.2026 under Sections 127(2)/316(2)/351(2)/64(2)(f)/ 69/89/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas. And In the matter of : Uttam Das ...… petitioner Mr. Animesh Paul, Advocate .…for the petitioner Mr. Ooiseeroop Sinha, Advocate Mr. Chandra Gupta Kamal, Advocate ….for the State 1. Learned advocate appearing for the petitioner submits that the petitioner happens to be a friend of the principal accused Sanjay Mistry. He further submits that the principal accused was in a relationship with the victim since 2023. They had physical relationship, due to which she conceived. 2. Learned advocate for the petitioner further submits that the case of the petitioner stands on the similar footing that of Tithi Mondal & others in CRM (A) 838 of 2026 who were granted anticipatory bail by an order passed on 2 April 22, 2026. Learned advocate for the petitioner further submits that the principal accused has also been granted statutory bail by the learned Jurisdictional Court. The investigation of the case has already concluded and charge-sheet has been submitted. There is no chance of absconsion of the present petitioner. He prays for anticipatory bail of the petitioner. 3. Learned advocate for the State relies upon various materials in the Case Diary including statement of the victim recorded under Section 183 of the BNSS. It is submitted that according to the case made out in the First Information Report, victim was repeatedly raped by the principal accused on promise to provide job. The victim became pregnant due to such rape committed upon her. It is also submitted that the pregnancy of the victim was terminated forcefully by the accused persons. Charge-sheet has been submitted in the case. He opposes the prayer for anticipatory bail. 4. Upon hearing the learned advocates for the parties and on perusal of the materials in the Case Diary including the statement of the victim recorded under Section 183 of the BNSS, it transpires that the victim is an adult. She was in a relationship with the principal accused since 2023. Although, it has been alleged that the principal accused committed repeated rape upon the victim on 3 promise to provide job. However, there is no contemporaneous complaint by the victim since 2023. The alleged forcible abortion upon the victim took place in the month of January, 2026. Thereafter, the instant F.I.R was lodged on February 18, 2026. It has been alleged that the signature of the victim was obtained by force. There is also no complaint to that effect between the date of alleged abortion and lodging of the instant First Information Report. Moreover, the present petitioner is friend of the principal accused. No specific overt act appears to have been attributed to this petitioner in the materials in the Case Diary. The other friends granted anticipatory bail by an order passed in Tithi Mondal (supra). Investigation of the case is already over. 5. Considering the aforesaid facts and circumstances of the case and also considering the materials in the Case Diary, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, I direct that in the event of arrest the petitioner will be released on anticipatory bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer 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 BNSS, and on further condition that the petitioner shall appear on 4 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 in court including cancelling the anticipatory bail granted without further reference to this Court. 7. This application for anticipatory bail is, thus, allowed. 8. CRM (A) 2521 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) CHINMOY CHAKRABORTY Digitally signed by CHINMOY CHAKRABORTY Date: 2026.09.08 18:08:28 +05'30'