Anticipatory bail sought in a cheating/criminal breach of trust FIR arising from a failed goods transport transaction, where a civil suit against the transporter preceded the FIR. The court found no need for custodial interrogation, noting the allegations had a civil profile, and granted anticipatory bail on conditions.
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18/05/2026 D/L – 83 Court No.28 S. Kundu Allowed
C.R.M.(A) 1316 of 2026
In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Jorabagan P.S case no. 41 of 2026 dated 03/04/2026 under Sections 318(4)/61(2) of the BNS.
In the matter of: Priyanka Dey @ Priyanka Bhowmick ...Petitioner. Mr. Dipanjan Chatterjee Ms. Dipika Basu Mr. Subhadip Chakraborty Ms. B. Roy …for the petitioner. Mr. Pratim Priya Dasgupta Mr. Amit Dey …for the de-facto complainant. Mr. Tapodip Gupta … Amicus. 1. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner and others were supposed to supply materials to the Railways for a project in Goa. They arranged for the materials and the transport. However, the vehicle went missing. They could not deliver the goods in time. They lodged an FIR with an allegation of theft. Thereafter, the vehicle and the materials were recovered. A suit was also filed against the transporter being the de-facto complainant of the instant case for damages. After this and as a counter blast, the present FIR was registered.
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present case are of November, 2025, payments of such transport was not made by the present petitioner. However, the incidents which are being placed by the petitioner are for a second transaction which happened in February, 2026.
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(Jay Sengupta, J.)
1 issue framed by the court
Whether custodial interrogation was necessary and anticipatory bail should be granted to the petitioner in the FIR for non-payment/non-delivery relating to transport of goods.
2 provisions across 2 enactments
Priyanka Dey @ Priyanka Bhowmick
Jay Sengupta
As recorded by the court registry
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