Calcutta High Court (Appellete Side)
Rakesh Mistri vs Unknown on 16 February, 2026
Author: Jay Sengupta
Bench: Jay Sengupta
16.02.2026
Sl. No.25
Ct. 28
NB
C.R.M (A) 144 of 2026
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973 corresponding to Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with
the Kulpi PS Case No.369/2025 dated 20.09.2025 under Sections
329(4)/115(2)/76/79/3(5) of the Bharatiya Nyaya Sanhita, 2023 read
with Section 12 of the POCSO Act, 2012.
And
In the matter of: Rakesh Mistri
… petitioner
Mr. Dipankar Dandapath,
Mr. Bhaskar Seth,
Ms. N. Chaudhuri.
…for the petitioner.
Mr. Imran Ali,
Mr. Sourat Nandy.
…for the State.
Learned counsel appearing on behalf of the petitioner
submits that the petitioner has been falsely implicated in this case.
There are case and counter case.
Learned counsel appearing on behalf of the State
opposes the prayer for anticipatory bail. He relies on the statements
of the 16 year old victim girl and the statements of the neighbours
and others. However, the injury report does not contain any
external injury on the body and the neighbours have also not
supported the prosecution case regarding attack on the victim girl.
Considering the above, the other materials available in the
case diary and the fact that charge sheet has already been
submitted, I do not think that custodial interrogation of the petitioner
2
is required in this case and I am inclined to grant anticipatory bail to
the present petitioner.
Accordingly, in the event of arrest, the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount each, one of whom must be local, to the
satisfaction of Arresting Officer and subject to the conditions as laid
down under Section 438 of the Code of Criminal Procedure,
corresponding to Section 482 of the Bharatiya Nagarik Suraksha
Sanhita and on further condition that the petitioner shall not
threaten or intimidate witnesses or tamper with evidence in any
manner whatsoever and shall surrender before the learned
jurisdictional Court and pray for bail within four weeks from this date
and shall attend the jurisdictional Court regularly.
The application for anticipatory bail is, thus, disposed of.
Urgent photostat certified copies of this order may be
delivered to the learned Advocates for the parties, if applied for,
upon compliance of all formalities.
(Jay Sengupta, J.)
