Biswajit Palit, J
Learned Senior Counsel, Mr. Debalay Bhattacharya assisted by Learned Counsel, Mr. Partha Saha is present on behalf of the accused-applicants. Learned P.P., Mr. Raju Datta along with Learned Addl. P.P., Mr. Rajib Saha are present on behalf of the State-respondent.
This pre-arrest bail application under Section 482 of BNSS, 2023 is filed for granting pre-arrest bail to the accused-applicants namely, Smt. Nandita Chanda and Smt. Nibedita Chanda in connection with R.K. Pur Women PS case No.2025 WRP 031 under Sections 127(2)/ 117(2)/ 76/ 351(2)/ 3(5) of BNS, 2023.
Heard both the sides and perused the present application along with the connected papers.
It is found that earlier the present accused-applicants had approached to the Court of Learned Sessions Judge, Gomati Judicial District, Udaipur for bail but thereafter, they had withdrawn their bail application.
At this stage, Learned P.P. for the respondent-State submitted that in view of the recent decision of the Hon’ble Supreme Court in Jagdeo Prasad vs. State of Bihar & Ors., reported in 2025 SCC OnLine SC 2108 there is no scope to directly approach this Court without exhausting the process of Sessions Court.
I also stand agree with that proposition.
In view of the above, there is no scope to entertain the present pre-arrest bail application at this stage. Accordingly, the instant anticipatory bail application stands disposed of. However, liberty is given to the accused-applicants to approach to concerned Learned Sessions Court, if they are so advised.
Send down the record to the Learned Trial Court along with a copy of this order. Return back the Case Diary to I.O. through Learned P.P. along with a copy of this order.
