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Calcutta High CourtCRM (A)/633/2026allowed

Md. Aslam @ Pilwa And ORS v. The State Of West Bengal And ANR

2026-04-08Hon'Ble Justice Jay Sengupta2 pages

08.04.2026 Court No.28 Item No.53 tbsr Allowed CRM (A) 633 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Narkeldanga P.S. Case No.235 of 2024 dated 26.09.2024 under Sections 85/109/91/75/351(2)/3(5) of the BNS and read with Section 3 & 4 of D.P. Act.

And In the matter of: Md. Aslam @ Pilwa & Ors.

....Petitioners.

Ms. Shaila Afrin ....for the petitioners Mr. Imran Ali Mr. Sufi Kamal ....for the State Md. Khairul Sk. Shabibun Ullah ....for the de facto complainant Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents-in-law and the two brothersin-law of the alleged victim. The marriage between the couple took place about 12 years ago. The couple have a child who is specially abled.

Learned counsel appearing on behalf of the de facto complainant opposes the prayer for anticipatory bail. He submits that although, at present, the alleged victim and her husband are staying together at the same place, the husband neither takes care of nor provides for the victim and her disabled son.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statement of the victim recorded before the learned Magistrate and the statements of other witnesses. He also refers to medical papers indicating an earlier attempt by the victim to set herself on fire.

Considering the above and the other materials available in the case diary, although I am inclined to grant anticipatory bail to the petitioners, the movement of the petitioner no. 4 shall remain restricted for a limited period.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses, the petitioner nos. 1, 3 and 4 shall meet the I.O. once a week till submission of report in final form, the petitioner no. 4 shall stay outside the jurisdiction of Narkeldanga Police Station for a period of four months except for meeting the Investigating Officer or attending the jurisdictional Court and the petitioners shall not commit similar offences as alleged. The application for anticipatory bail is, thus, allowed. The presence of the Investigating Officer is noted and is dispensed with.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)