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2026 DAILYLAW 45882 (CAL)

BHABESH ROY AND ORS v. STATE OF WEST BENGAL

CRM (A)/3168/2026 · 2026-10-01

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.10.2026 Sl. No. - 60 Court No.35 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 3168 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhantala Police Station Case No. 637 of 2026 dated 27.08.2026 for the offences punishable under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. -And- In the matter of: Bhabesh Roy & Ors. …Petitioners Mr. A. K. Das …for the Petitioners Mr. Indradip Das, PP Ms. Suparna Biswas (Majumdar) …for the State 1. Learned advocate appearing for the petitioner submits that conduct of the deceased was questionable, as such, there was resistance from the petitioners, consequent to which, the deceased committed suicide. 2. Learned advocate appearing for the State opposes the prayer for anticipatory bail 3. I have taken into account the post-mortem report as also the statement of one of the witnesses. There is some force in the submissions insofar as the issue relating to extramarital affair is concerned. 4. Having considered the same, I am of the opinion that custodial detention of the present petitioners may not be warranted in the facts of the case. 2 5. Accordingly, prayer for anticipatory bail of the petitioners, namely, Bhabesh Roy, Shatarupa @ Priyanka Roy and Kadam Roy is allowed. 6. As such, I direct that in the event of arrest, the petitioners be released on bail by the Investigating Officer/Arresting Officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Petitioners shall make themselves available as and when called for by the Investigating Officer of the case. 8. With the aforesaid observation, C.R.M. (A) 3168 of 2026 is disposed of. 9. Memo of evidence submitted be kept with the record. 10. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)