Shambo Goho And ORS. v. State Of West Bengal

21/05/2025 D/L 64 Ct. No.28 S.Kundu C.R.M.(A) 1698 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with GR case no. 355 of 2025 arising out of Shyampukur police Station case no. 40 of 2025 dated 27.3.2025 under sections 85 of the BNS.

In the matter of: Shambo Goho & Ors.

... Petitioners Ms. Mrituunjoy Chatterjee Mr. Debapriya Majumder Ms. Priyanka Gope ...for the petitioners.

Mr. Atif Ahamed Siddiqui ...for the State.

1. Learned counsel appearing for the petitioners submits as follows. The petitioners are the husband and the parents-in-law of the alleged victim/de-facto complainant. The marriage took place in 2023. Disputes arose immediately after the marriage. The parties approached the District Legal Aid Service Authority and had their respective articles exchanged. The petitioners have complied with the notice issued under Section 35(3) of the BNSS.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail and relies on the materials available in the case diary. However, he admits that the petitioners have complied with the notices issued by the police.

3. Considering the materials available in the case diary and the fact that the petitioners have complied with the notice issued by the Investigating Agency, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

4. 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 the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses.

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

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

(Jay Sengupta, J.)