Sankar Das And ORS. v. State Of West Bengal

14.08.2025 SL.32 Ct.No.28 NB CRM (A) 2619 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 Belur P.S. Case No.121 of 2025 dated July 05, 2025 under Sections 85, 316(2) and 3(5) of the BNS, 2023 read with Sections 3 and 4 of The Dowry Prohibition Act, 1961.

And In the matter of: Sankar Das & Ors.

.... petitioners Mr. Prasenjit Mukherjee, Mr. Kuntal Goswami.

...for the petitioners.

Ms. Sayanti Santra, Mr. Prakash Mishra.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1is the husband of the alleged victim/de facto complainant. The petitioner no.2 is a 70 years old sister in law who is a cancer patient. The petitioner no.3 is also a sister in law and the petitioner no.4 is the husband of the sister of the de facto complainant. All and sundry have been roped in as accused in this case. No prima facie case is made out as would be evident from a plain reading of the First Information Report. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She submits that notices were given, but were not responded to. However, she admits that although there are some medical reports, there is no injury report available in the case diary. The medical reports do not necessarily reflect inflicting of any

injury. It also appears that there are no statements of independent witnesses available in the case diary.

Considering the materials available in the case diary, 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. Accordingly, 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 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 petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses and the petitioner no.1 shall meet the Investigating Officer once a fortnight till submission of report in final form. The application for anticipatory bail being CRM (A) 2619 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.)