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2026 DAILYLAW 796 (CAL)

DIBYENDU ROY v. STATE OF WEST BENGAL AND ANR

CRM (A)/4370/2025 · 2026-01-30

Jay Sengupta

body2026

Judgment text

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30.01.2026 Court No.28 Item No.33 ssi CRM (A) 4370 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Tamluk Police Station Case No.416 of 2025 dated 25.05.2025 under Sections 329 (4)/64/76/351(2) of the BNS 2023. And In the matter of: Dibyendu Roy …. Petitioner. Mr. Shekhar Basu, Sr. Adv. Mr. Ranadeb Sengupta Mr. Sachit Talukdar Mr. Saurav Bishnu Mr. Soumyadip Maity …for the petitioner Mr. Sabir Ahmed Mr. Shraman Sarkar Mr. Dhiman Banerjee …for the de facto Mr. S. S. Imam Ms. Sreetama Das ..for the State Learned senior counsel appearing on behalf of the petitioner submits as follows. The de facto complainant is in the habit of lodging false FIRs. Earlier, she has alleged sexual assault by eight persons. The case resulted in an acquittal of all the accused therein. Here, it has been alleged that the petitioner’s help was sought in dealing with the litigations. But, the petitioner violated the victim lady on a particular occasion. The occurrence allegedly took place on 22.10.2024. But, the FIR was lodged only in May 2025. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. He submits that the petitioner is a very influential and his wife is the erstwhile Vice- Chairman of Tamralipta Municipality. The petitioner is a member of 2 the State Committee of the ruling party in the State. His men and agents are threatening the de facto complainant with dire consequences. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the FIR, the statement of the victim recorded before the learned Magistrate and the medical report. However, it does not appear that there is any post-occurrence witness in respect of the incident. Considering the above, the other materials available in the case diary and the delay in lodging the FIR, while I am inclined to grant anticipatory bail to the petitioner, his movement needs to be restricted for a limited period. Accordingly, the application for anticipatory bail of the petitioner is allowed. In the event of arrest, the petitioner 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 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, 2023 and on further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the Investigating Officer once a week till submission of report in final form. The petitioner shall surrender and pray for bail before the jurisdictional Court within four weeks from this date. The petitioner shall stay beyond the jurisdiction of Ward No.10 of Tamralipta Municipality for a period of six months from this date except for 3 attending the jurisdictional Court or for meeting the investigating officer. The petitioner shall not make any insinuation against the de facto complainant in public or in the social media. Any violation of these conditions would warrant cancellation of bail without any further reference to this Court. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)