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Calcutta High CourtCRM (A)/2260/2025partly allowed

Sk Farad Hossen @ Sk Farad Hosan And ORS. v. State Of West Bengal

2025-09-02Hon'Ble Justice Jay Sengupta2 pages

02.09.2025 SL.12 Ct.No.28 NB CRM (A) 2260 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 Tamluk P.S. Case No.413 of 2025 dated 24.05.2025 under Sections 85/316(2)/103/3(5) of Bharatiya Nyaya Sanhita and Section 3⁄4 of Dowry Prohibition Act.

And In the matter of: Sk. Farad Hossen @ Sk. Farad Hosan & Ors. ... petitioners Mr. Amal Krishna Samanta ...for the petitioners.

Mr. Satadru Lahiri, Ms. Poulam Dey, Mr. Syed Wasim Faruque, Mr. Saikat Debnath.

...for the de facto complainant.

Mr. Md. Adil Badr, Mr. Sarthak Mondal.

...for the State.

Report filed on behalf of the State is taken on record. Heard the learned counsels for the petitioners, the de facto complainant and the State.

Perused the case diary.

Considering the materials available in the case diary including the First Information Report, the medical papers and the statements of witnesses, especially of the neighbours and considering the alleged role ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner no.2 (Sk. Iqbal Hossain @ Sk. Ikbal Hosen), the petitioner no.3 (Sk. Anarul Islam @ Sk. Anarul @ Anarul

Islam), the petitioner no.4 (Most Firoja Bibi @ Firoja Bibi), the petitioner no.5 (Afsana Khatun Bibi @ Most Tumpa Bibi) and the petitioner no.6 (Sk. Asrab Ali), the application for anticipatory bail of the petitioner no.1(Sk. Farad Hossen @ Sk. Farad Hosan) is rejected. Accordingly, in the event of arrest, petitioner no.2 (Sk. Iqbal Hossain @ Sk. Ikbal Hosen), the petitioner no.3 (Sk. Anarul Islam @ Sk. Anarul @ Anarul Islam), the petitioner no.4 (Most Firoja Bibi @ Firoja Bibi), the petitioner no.5 (Afsana Khatun Bibi @ Most Tumpa Bibi) and the petitioner no.6 (Sk. Asrab Ali), 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, 3, 4, 5 and 6 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence and the petitioner nos.2, 3 and 6 shall meet the Investigation Officer once a fortnight till submission of report in final form.

The application for anticipatory bail being CRM (A) 2260 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.)