Calcutta High Court
CRM(M)/239/2026 of RAHUL ROY@RAHUL DEB ROY Vs THE STATE OF WEST BENGAL AND ANR on 17 August 2026
IN THE HIGH COURT AT CALCUTTA (ct.
5.
17-08-2026 IN THE HIGH COURT AT CALCUTTA
(ct. no.09) Circuit Bench at Jalpaiguri
debajyoti Criminal Miscellaneous Jurisdiction (rejected)
CRM (M) 239 of 2026
In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Banarhat Police Station Case No.34 of 2026 dated 14-02-2026 under Sections 70(1)/64(2)(k) of Bharatiya Nyaya Sanhita.
- A n d -
In the matter of : Rahul Roy @ Rahul Deb Roy
.... Petitioner.
Mr. Kallal Ghosh, Adv.,
Ms. Srishti Sarker, Adv.
… For the Petitioner.
Mrs. Panchali Deb Sikdar (Nag), Sr. Govt. Adv., Mr. Uday Bhattacharjee, Adv., Mr. Debabrata Rai, Adv.
… For the State.
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1. In spite of due service of notice, none appears on behalf of the victim girl/defacto complainant. The Affidavit- of-Service filed in Court today be taken on record.
2. The learned counsel for the petitioner has submitted that he is in custody for about 175 days. The principal accused, Jhantu Roy, is still absconding. Investigation is complete. There is no chance of an early conclusion of the trial. Considering his period of detention, the petitioner may be enlarged on bail on any condition.
3. The learned counsel for the State opposes the prayer for bail vehemently. According to her, the case is of gang rape. Both the accused committed the same offence. The victim became pregnant out of this incident. Due to shame, the victim could not narrate the incident to others. But subsequently, after the changes in appearance, it came to
2 light that the petitioner along with the absconding accused committed the gang rape upon her.
4. I have gone through the materials on record. I have found that there are sufficient incriminating materials on record. One of the accused is still absconding. The present petitioner is one of the principal accused. Due to such sexual assault, the victim became pregnant. If the present petitioner is enlarged on bail, there is a chance of absconsion. Needless to mention that the trial can be proceeded with even one of the accused may remain absconding.
5. In view of the above, the prayer for bail stands rejected.
6. The application for bail is, thus, dismissed.
7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Apurba Sinha Ray, J.)