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Calcutta High CourtCRM (A)/1298/2026allowed

Saddam Sk. v. State Of West Bengal

2026-05-11Hon'Ble Justice Jay Sengupta2 pages

11.05.2026 Court No.28 Item No. 54 tbsr Allowed CRM (A) 1298 of 2026 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnanagar Women P.S. Case No.0129 of 2025 dated 29.10.2025 under Sections 316(2)/115(2)/109/76/351(3)/3(5) of the BNS, 2023.

And In the matter of: Saddam Sk.

....Petitioner.

Ms. Sananda Bhattacharyya Mr. Sutanuka Chowdhury ...for the petitioner Mr. Krishnendu Bhattacharya Mr. Somnath Adhikary .... Amicus Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the alleged victim. The couple got married about a year ago. Most of the other accused were granted anticipatory bail, and one was granted bail. It is alleged that there was torture due to dowry demand. There was also a scuffle between the private parties.

Learned Amicus appearing to assist the State opposes the prayer for anticipatory bail. He relies on the case diary and submits that the allegation was about torture due to dowry demand and attempt to murder. However, the injury report of the alleged victim present at page 62 of the case diary does not show any external injury. Considering the above and the other materials available in the case diary, 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.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner shall cooperate with investigation, shall meet the I.O. once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)