Md Nurul Amin @ Md Noorul Amin And ORS. v. State Of West Bengal
12.09.2025 Sl. No.19 Ct. 28 NB C.R.M. (A) 2220 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 Islampur PS Case No.384/2025 dated 20.04.2025 under Sections 85/109/316(2)/324(4) of the Bharatiya Nyaya Sanhita, 2023 read with Section 3⁄4 of the Dowry Prohibition Act, 1961. And In the matter of: Md. Nurul Amin @ Md. Noorul Amin & Ors. ... petitioners Mr. Ayan Bhattacharjee Sr. Adv., Mr. Pronab Halder.
...for the petitioners.
Ms. Sujata Das, Mr. Sobhan Gani.
...for the State.
Mr. Anil Roy ...for the de facto complainant.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband, the brother in law and another sister in law of the alleged victim. The petitioners have been falsely arraigned as accused in this case. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. He submits that not only had the petitioners been torturing the petitioners for dowry, but they also assaulted her and caused severe injuries.
Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. She
refers to the statements of the victim as well as her sister and the injury report.
From the injury report, it appears that the victim suffered bruises in her left eye, left ear oracle, left cheek, dorsum of the hand. She was allegedly beaten up with hand and wooden stick. Injuries were also suffered at the chest and the back of the chest. In view of the above and considering the materials available in the case dairy and the alleged roles ascribed to each the present petitioners and the fact that the husband appears to be the principal accused in this case, while I am inclined to grant anticipatory bail to the petitioner no. 2 (Nurul Hasan @ Noor Hasan) and 3 (Rahi Noor), the application for anticipatory bail of the petitioner no.1 (Md. Nurul Amin @ Md. Noorul Amin) is rejected. Accordingly, in the event of arrest, the petitioner nos.
2 (Nurul Hasan @ Noor Hasan) and 3 (Rahi Noor) 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 that the petitioner nos.2 and 3 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner no.2 ((Nurul Hasan @ Noor Hasan) shall meet the Investigating Officer once a fortnight till submission of report in final form. The application for anticipatory bail being C.R.M. (A) 2220 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.)