Deepak Roy @ Dipak Roy Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

Deepak Roy @ Dipak Roy Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the petitioner Deepak Roy @ Dipak Roy to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to conditions under Section 482(2) BNSS; petitioner to appear before the jurisdictional Court for regular bail within two weeks and before the learned trial Court on every date of hearing.

Issue for consideration

Whether the petitioner, Deepak Roy @ Dipak Roy, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar P.S. case no. 413 of 2025.

Court's answer

The bank statement of the petitioner prima facie suggests that he bore the expenses of studies and accommodation of the defacto complainant; no obscene picture allegedly posted by the petitioner has been seized by the investigating agency; and the alleged payment of Rs. Seven Lakhs by the defacto complainant to the petitioner is unsupported by any bank or UPI transaction document.

Ratio / Principle

The charge sheet has been submitted and custodial interrogation of the petitioner is not required.

Key takeaways

Considering the extent of complicity of the petitioner in the alleged offence, the Court is inclined to grant anticipatory bail to the petitioner.ratio¶17
In the event of arrest, the petitioner is to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS granted to the petitioner in a case under Sections 316(2)/318(4)/64/294/351(2) BNS (Bhaktinagar P.S. case no. 413 of 2025). The petitioner and the defacto complainant were alleged to be in a consensual relationship; the petitioner's bank statement prima facie showed he bore the defacto complainant's study and accommodation expenses; the obscene picture allegedly posted on social media was never seized; and the alleged payment of Rs. Seven Lakhs by the defacto complainant was unsupported by bank/UPI records. Charge sheet having been submitted and custodial interrogation not required, bail was allowed on a bond of Rs.10,000/- with two sureties of like amount each, subject to Section 482(2) BNSS conditions, with liberty to seek regular bail within two weeks and a direction to appear on every date of hearing.

11 10.07.2025 jb. jdt Allowed

IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

C.R.M. (A) 432 of 2025

In Re : An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bhaktinagar P.S. case no. 413 of 2025 dated 08.05.2025 under Sections 316(2)/318(4)/64/294/351(2) of the Bharatiya Nyaya Sanhita.

And

In Re : Deepak Roy @ Dipak Roy

Mr. Subrata Sarkar Mr. Santanu Bhowmik Mr. Hillol Saha Poddar Mr. Samrat Nag Ms. Madumita Sarkar Ms. Rinka Chakraborty … for the petitioner. Mr. Tapan Bhattacharjee Mr. Dhiman Sil … for the State Mr. Anirban Banerjee Ms. Rishita Chakraborty … for the defacto complainant

Affidavit of service and supplementary affidavit filed

by the petitioner are taken on record.

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner and the defacto complainant were in consensual relationship. The bank accounts of the petitioner prima facie indicate that the petitioner bore the expenses of studies of the defacto complainant at Frankfinn Institute

2

and has also paid rents for the rented accommodation of the defacto complainant.

Learned counsels for the State and the defacto complainant oppose the prayer.

I have considered the material on record.

The bank statement of the petitioner prima facie suggests that the petitioner bore the expenses of studies and accommodation of the defacto complainant. Though the defacto complainant has submitted that the petitioner posted her obscene picture in social media, no such picture has been seized by the investigating agency. There is also nothing to suggest that such documents were produced before the investigating agency by the defacto complainant. The alleged payment of Rs. Seven Lakhs by the defacto complainant to the petitioner is also not supported by any document like bank or UPI transaction. Charge sheet has been submitted. Custodial interrogation of the petitioner is not required.

In view of the above and considering the extent of complicity of the petitioner in the alleged offence, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest, the petitioner namely Deepak Roy @ Dipak Roy be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand), with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions laid

3

down under Section 482(2) of the BNSS. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date. The petitioner is however, directed to appear before the learned trial Court on every date of hearing.

The application for anticipatory bail is thus disposed

of.

Case diary be returned.

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

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.