Danish Shaikh @ Danish Ajaz Shaikh @ Darish And ORS. v. State Of West Bengal

AD 34 April 28, 2025 Ct. 28 SG CRM(A) 1323 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bowbazar P.S. Case No.62 dated 12.03.2025 under Sections 3(5)/85/316(2) of the BNS, 2023 and under Section 4 of the D.P. Act.

And In the matter of:

Danish Shaikh @ Danish Ajaz Shaikh @ Danish and others ... petitioners Mr. Satadru Lahiri Mr. Dipendra Nath Chanda Mr. Safdar Azam ... for the petitioners.

Ms. Manisha Sharma Ms. baishakhi Chatterjee ... for the State Learned counsel appearing for the petitioners submits that the petitioners are the brother-in-law and the other distant in-laws of the de facto complainant/alleged victim. The marriage between the couple took place in 2021. 05.10.2022 is the last effective date of dispute. Another date being 09.02.2025 has been mentioned for sustaining the FIR. There are absolutely common allegations against the present petitioners.

Learned counsel for the State submits that there are statements of the victim and her relatives which make out a prima facie case. However, there is no statement of any independent witness.

In view of the materials available in the case diary and the roles ascribed to the present petitioners, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)