Rohit Prasad Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

Rohit Prasad Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Application for anticipatory bail allowed and disposed of: release on arrest on a bond of Rs.50,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS 2023 conditions, attendance before the jurisdictional court on fixed dates, and no travel outside the concerned police station jurisdiction except for court; automatic cancellation of anticipatory bail on breach of any condition.

Issue for consideration

Whether the petitioner is entitled to anticipatory (pre-arrest) bail in connection with Siliguri Women Police Station Case No.56 of 2026 dated 12.05.2026 under Sections 69/318(2)/316(2)/351(2) of Bharatiya Nyaya Sanhita, 2023.

Court's answer

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.50,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; the petitioner will attend the jurisdictional court on the dates fixed and shall not leave the jurisdiction of the concerned police station except for attending court.

Ratio / Principle

If the petitioner fails to adhere to any of the conditions stated, the anticipatory bail stands automatically cancelled without further reference to this Court.

Detailed headnote1 paragraphs

Calcutta High Court (Circuit Bench at Jalpaiguri), Shampa Sarkar, J., allows an application for anticipatory bail under Section 482 of the BNSS 2023 by Rohit Prasad in connection with Siliguri Women Police Station Case No.56 of 2026 dated 12.05.2026 under Sections 69/318(2)/316(2)/351(2) of the Bharatiya Nyaya Sanhita, 2023. On perusal of the complaint and case diary, and noting that around Rs.6,00,000/- was paid to the de facto complainant with some more amount due, the Court directs that in the event of arrest the petitioner be released on bail on a bond of Rs.50,000/- with two sureties of like amount each (one local), subject to the conditions under Section 482(2) BNSS 2023 (corresponding to Section 438(2) CrPC); the petitioner is to attend the jurisdictional court on fixed dates and not leave the concerned police station jurisdiction except for court; breach of any condition results in automatic cancellation of anticipatory bail without further reference to the Court.

28.07.2026 Item No.20 Court No.11 (GB)

Calcutta High Court

In the Circuit Bench at Jalpaiguri

CRM (A) 546 of 2026

In Re: - An application for anticipatory bail under section 482 of the B.N.S.S. 2023, in connection with Siliguri Women Police Station Case No. 56 of 2026 dated 12.05.2026 under Sections 69/318(2)/316(2)/351(2) of Bharatiya Nyaya Sanhita, 2023.

And

In the matter of: Rohit Prasad

….Petitioner.

Mr. Sudip Guha, Ms. Ankita Nag

…for the Petitioner.

Mr. Avrojyoti Das, Ld. APP., Ms. Ruchika Agarwala, Mr. Atul Dong

… for the State. Mr. Abhilash Mittal

… for the De facto complainant.

Affidavit-of-service filed in Court today, is taken on record.

The petitioner prays for pre-arrest bail in connection with Siliguri Women Police Station Case No.56 of 2026 dated 12.05.2026 under Sections 69/318(2)/316(2)/351(2) of Bharatiya Nyaya Sanhita, 2023, on the ground that the allegation of promise to marry was not disclosed in the complaint. At best, the allegation could be of breach of trust and the proper remedy of the de facto complainant would be before a civil court, by filing a money suit.

The learned advocates for the State and the de facto complainant oppose the prayer for anticipatory bail on the ground that the petitioner is a lawyer and did cooperate with the investigation. Moreover, the petitioner had taken money from the de facto complainant/victim on false promise and bought laptop, iphone, etc.

2

It appears that around Rs.6,00,000/- was paid to the de facto complaint. Some more amount is due and payable.

Having perused the nature of the complaint and the materials in the case diary, I direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.50,000/-, with two sureties of like amount each, one of whom must be local to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure. The petitioner will attend the jurisdictional court on the dates fixed. The petitioner shall not leave the jurisdiction of the concerned police station except for the purpose of attending the court.

In case the petitioner fails to adhere to any of the conditions as stated above, anticipatory bail stands automatically cancelled without further reference to this Court.

The application for anticipatory bail, being CRM (A) 546 of 2026 is allowed and disposed of.

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

(Shampa Sarkar, J.)