Joydeb Roy@Jaydeb Roy Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Joydeb Roy@Jaydeb Roy Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner under Section 482 BNSS: bond of Rs.10,000 with one surety to the satisfaction of the arresting officer, subject to Section 482(2) BNSS conditions, monthly meeting with the Investigating Officer till conclusion of investigation, and appearance before the jurisdictional Court on every date fixed for appearance of the accused, failing which that Court may secure his presence including by cancelling the anticipatory bail without further reference to this Court.

Issue for consideration

Whether the petitioner, named in Kuchlibari Police Station Case No. 24 of 2025 under Sections 14A/14C of the Foreigner Act, 1946, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

On the State's report confirming that the petitioner is an Indian citizen, the petitioner is enlarged on anticipatory bail upon furnishing a bond of Rs.10,000 with one surety to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) BNSS, a monthly meeting with the Investigating Officer till conclusion of investigation, and appearance before the jurisdictional Court on every date fixed for appearance of the accused; in default, the jurisdictional Court may pass appropriate orders to secure his presence, including cancelling the anticipatory bail, without further reference to this Court.

Ratio / Principle

The grant of anticipatory bail rests on the report submitted on behalf of the State showing that the petitioner is an Indian citizen, which report was ordered to be kept with the record.

Key takeaways

The application being C.R.M. (A) 382 of 2025 for anticipatory bail is accordingly allowed.ratio¶17

Detailed headnote1 paragraphs

High Court at Calcutta (Circuit Bench at Jalpaiguri), C.R.M.(A) 382 of 2025, order dated 21.07.2025 (Bibhas Ranjan De, J.): Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed to Joydeb Roy @ Jaydeb Roy in Kuchlibari Police Station Case No. 24 of 2025 dated 04.03.2025 under Sections 14A/14C of the Foreigner Act, 1946, pending before the Learned Sessions Judge, Cooch Behar. The grant followed a report called for by a Co-ordinate Bench on 08.07.2025 and submitted on behalf of the State, showing that the petitioner is an Indian citizen; the report was kept with the record. Bail was granted on a bond of Rs.10,000 (Rupees Ten Thousand Only) with one surety to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) BNSS, a further condition that the petitioner meet the Investigating Officer once a month till conclusion of investigation, and appearance before the jurisdictional Court on every date fixed for appearance of the accused; in default, the jurisdictional Court was empowered to pass appropriate orders to secure his presence, including cancelling the anticipatory bail, without further reference to this Court.

21.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 01 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION

RUP

Allowed

C.R.M.(A) 382 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Kuchlibari Police Station Case No. 24 of 2025 dated 04.03.2025 under Sections 14A/14C of the Foreigner Act, 1946, pending before the Court of the Learned Sessions Judge, Cooch Behar .

And

In the matter of : Joydeb Roy @ Jaydeb Roy

...… petitioner

Mr. Biswarup Roy .…for the petitioner

Mr. Nilay Chakraborty, Ld. APP (VC) Mr. Dhiman Sil.

.…for the State

Learned counsel appearing on behalf of the petitioner has prayed for anticipatory bail submitting, inter alia, that the petitioner is an Indian citizen. To ascertain the same, a report was called for by the Co-ordinate Bench on 08.07.2025.

Learned counsel appearing on behalf of the State has submitted a report showing the fact that petitioner is an Indian citizen, the same be kept with the record.

Regard being had to the above, the petitioner is being enlarged on bail upon furnishing bond of Rs.10,000 (Rupees Ten Thousand Only) with one surety to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the

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BNSS and on further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner shall appear on 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.

Accordingly the application being C.R.M. (A) 382 of 2025 for anticipatory bail is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De. J.)

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