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Calcutta High CourtCRM (A)/1140/2026partly allowed

Petitioner No. 1 And ANR v. State Of West Bengal And ANR

2026-05-20Hon'Ble Justice Jay Sengupta3 pages

ADSL 1 May 20, 2026 Ct. 28 SG CRM(A) 1140 of 2026 Partly Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal P.S. Case No.651 of 2025 dated 03.07.2025 under Sections 80(2)/85/70(1)/103(1)/61(2)/238(a)/66 of the BNS, 2023.

And In the matter of: XXX and another ... petitioners Mr. Pradip Kumar Kundu Mr. Kingsuk Mondal Mr. Suman Das ... for the petitioners Mr. Krishendu Bhattacharya Mr. Pritam Roy ... Amicus Learned counsel for the petitioners submits that the petitioners are the husband and the mother-in-law of the victim/deceased. The incident allegedly took place when the husband was working at a place in the State of Kerala. The petitioners have been falsely implicated in this case. Learned Amicus, assisting the State, relies on the case diary and opposes the prayer for anticipatory bail. He submits that the prosecution case is that while the husband was away for his work, the other accused abused, assaulted and murdered the alleged victim. Before the murder of the victim was committed, she was also sexually assaulted. He further submitted that her mother-in-law was very much present in the house at the relevant time. The allegation against the husband is that he used to torture the wife on account of dowry demand.

Considering the above, the other materials available in the case diary and the alleged role ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner No.1, the application for anticipatory bail of the petitioner No.2 (xxx) is rejected.

In the event of arrest, the petitioner No.1 (xxx) shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner No.1 shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, disposed of.

Personal appearance of the investigating officer is noted and is dispensed with.

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

(Jay Sengupta, J.)