Md. Shamim And ORS. v. State Of West Bengal

21.02.2025 Sl. No.57 akd [ALLOWED] C. R. M. (A) 617 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.02.2025 in connection with Watgunge Police Station Case No.22 dated 29.01.2025 under Sections 85/316(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Dowry Prohibition Act. And In Re: Md. Shamim & Ors.

... ... Petitioners Mr. Bidyut Kumar Halder Mr. Indranil Halder ... ... for the petitioners Mrs. Manisha Sharma Mrs. Mamata Jana ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Allegations of torture are general and omnibus. No medical paper corroborating allegation of physical assault is placed before us. It is contended stridhan articles have not been recovered. Keeping in mind the aforesaid facts, we are of the opinion though custodial interrogation of the petitioners is not necessary, petitioner no.1 requires to cooperate with investigation for recovery of stridhan articles. 3.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Md. Shamim, (2) Nooruddin Ahmed @ Mangha, (3) Mustari Khatoon @ Monu & (4) Tabassum Begum @ Poonam, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that petitioner no.1 shall meet

the Investigating Officer once in a week until further orders. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

4.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)