Abu Salek Khan And ANR. v. State Of West Bengal

13.05.2025 SL.59 Ct.No.28 NB CRM (A) 1539 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Keshpur P.S. Case No.24 of 2025 dated 10.01.2025 under Section 126(2)/115(2)/303(2)/3(5) in connection with MP Case No.963 of 2024 of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Abu Salek Khan & Anr.

petitioners Mr. Ranabeer Halder.

...for the petitioner.

Mr. Sardar Shahim Imam, Ms. Diksha Ghosh.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.2 is the former wife of the present de facto complainant. She had given Talak to the de facto complainant after suffering several years of torture. The petitioner no.1 is the signatory to the Talaknama document. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and relies on the case diary. Considering the nature of allegations and materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest, the petitioners 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition to cooperate with the investigation and not to threaten or intimidate witnesses in any manner whatsoever. The application for anticipatory bail being CRM(A) 1539 of 2025 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.)