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Calcutta High CourtCRM (A)/1550/2026allowed

Elachi Das And ANR. v. State Of West Bengal

2026-06-24Hon'Ble Justice Jay Sengupta2 pages

24/06/2026 D/L - 19 Court No.28 S. Kundu Allowed C.R.M.(A) 1550 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Haringhata P.S case no. 289 of 2026 dated 24/05/2026 under Sections 85/103(1)/316(2)/3(5) of the BNS read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of: Elachi Das & Anr.

...Petitioners.

Mr. Shibaji Kr. Das Ms. Deblina De Ms. Moitriye Das ...for the petitioners.

Ms. Tanusree Kar ...for the State.

1. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the mother-in-law and the cousin brother-in-law of the alleged victim. The marriage between the couple took place six years ago. The principal accused is the husband, who is still in custody.

2. Learned counsel appearing for the State relies on the case diary and opposes the prayer for anticipatory bail. She refers to the post-mortem report, the statements of witnesses including that of a neighbour present at page 22 of the case diary.

3. Considering the above, the other materials available in the case diary and the fact that one of the principal accused being the husband of the victim was arrested and is still in custody, 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 the witnesses. The petitioner no. 2 shall meet the I.O once a fortnight till submission of report in final form.

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

6. The presence of the Investigating Officer is noted and is dispensed with.

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

(Jay Sengupta, J.)