Petitioner v. State Of West Bengal And ANR

05/05/2026 D/L - 15 Court No.28 S. Kundu Allowed C.R.M.(A) 1109 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Chanchal P.S case no. 1224 of 2024 dated 26/10/2024 under Sections 351(3)/64/85/115(2)/3(5) of the BNS read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of: XXX @ XXX

...Petitioner.

Mr. Soupal Chatterjee ...for the petitioner.

Ms. Sayani Das ...for the de-facto complainant.

Ms. Faria Hossain Md. Ejaj Akhter ...for the State.

1. Report filed on behalf of the State is taken on record.

2. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a neighbour of the alleged victim who has been falsely implicated in this case. At present, the alleged victim and her husband are staying together.

3. Learned counsel appearing on behalf of the de-facto complainant submits that at present the victim is staying with her husband and she does not have any objection if the anticipatory bail is granted to the present petitioner.

4. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the FIR and the statement of the victim recorded before the learned Magistrate, the statements of witnesses and the other materials available in the case diary.

5. Considering the above, the other materials available in the case diary, the fact that the FIR was lodged after some delay and the present allegation against the petitioner was clubbed along with allegations of torture due to dowry demand against the husband and the in-laws, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

6. In the event of arrest, the petitioner 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 further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form.

7. Accordingly, the application for anticipatory bail is allowed.

8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)