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Calcutta High CourtCRM (A)/197/2026allowed

Tanmoy Majumder v. State Of West Bengal

2026-02-05Hon'Ble Justice Jay Sengupta2 pages

05.02.2026 Sl. No.52 Ct. 28 NB C.R.M (A) 197 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 Bagdah PS Case No.252/2025 dated 25.03.2025 under Sections 109/117(2)3(5)/85 of BNS.

And In the matter of: Tanmoy Majumder ... petitioner Ms. Puja Goswami.

...for the petitioner.

Mr. Partho Pratim Das, Mr. Raju Mondal.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the alleged victim and the de facto complainant. The marriage between the couple took place 28 years ago. The two have a son aged about 24 years who is also made an accused in this case. A scuffle took place between the couple, which led to injuries on both sides but none was grievous in nature.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the victim and the neighbours and the injury report. He submits that apart from scratches, there is a strangulation mark, which would support the victim's claim that an attempt was made to strangulate her with a mobile phone cord.

Considering the above and the other materials available in the case diary, while I am inclined to grant anticipatory bail to the

present petitioner, the movement of the petitioner needs to remain restricted for a limited period.

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 cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form and to stay outside the jurisdiction of Bagdah Police Station for a period of three months from this date except for the purpose of attending the jurisdictional Court or for meeting the Investigating Officer.

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.)