Shyam Das Yadav And ORS. v. State Of West Bengal

AD-52 Ct No.25 10.07.2025 pk/sp CRM (A) 2051 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 134 of 2025 dated 22.03.2025 under Sections 85/117(2)/351(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Shyam Das Yadav & Ors.

.... Petitioners.

Mr. Soumyajit Das Mahapatra, Mr. Madhurai Sinha, Ms. Upasana Banerjee.

... for the petitioners.

Mr. Imram Ali, Md. Kutubuddin.

..for the State.

1. This is an application for anticipatory bail filed in connection with Kotwali Police Station Case No. 134 of 2025 dated 22.03.2025 under Sections 85/117(2)/351(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. The petitioners are the father-in-law, mother-in-law and brother-in-law of the de facto complainant. The present FIR has been lodged on the allegation of demand of dowry assaulting grievous injury, criminal intimidation and attempt to murder. He further submits that the offence to attempt murder is only against the husband of the de facto complainant/wife. Admittedly, the husband is already on bail.

3. Learned counsel for the State opposes of the prayer for anticipatory bail on the ground that the de facto complainant/wife was tortured. He submits that there are serious allegations against the petitioner and they may not be granted anticipatory bail.

4. Learned counsel for the State fairly submits that there is no specific instant date or time regarding demand of dowry. The allegation is omnibus in nature.

5. Taking into consideration the facts and circumstances of the case, this Court is of the opinion that the petitioners may be granted anticipatory bail.

6. Accordingly, this Court directs, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 5,000/- (Rupees ten thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipur subject to the conditions that the petitioners shall meet the Investigating Officer twice in a week at 4:00 P.M. at the concerned police station till completion of the investigation until further orders. He shall furnish his residential address and mobile number to the Investigating Officer and shall not change/alter the same without prior intimation. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. He shall also cooperate with the investigation.

7. The application for anticipatory bail thus stands allowed. (Dinesh Kumar Sharma, J.)