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Calcutta High CourtCRM (A)/2842/2025allowed

Safiuddin Miya @ Safiuddin Ahamed And ANR. v. State Of West Bengal

2025-09-16Hon'Ble Justice Jay Sengupta2 pages

NB 16.09.2025 Ct. No. 28 CRM (A) 2842 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 GR Case No.157 of 2025 arising out of Gangarampur PS Case No.79 of 2025 dated 11.02.2025 under Sections 85/108/115(2)/3(5) of BNS read with Section 3⁄4 of Dowry Prohibition Act, 1961.

In the matter of:-Safiuddin Miya @ Safiuddin Ahamed & Anr. ...petitioners Mr. Sekhar Basu Sr.Adv., Mr. Ayan Bhattacharjee Sr.Adv., Mr. Arnab Das, Mr. Zohaib Rauf, Ms. Syeda Romana Sultan, Mr. Rehamuddin Ansari.

...for the petitioners.

IMs. Sayanti Santra, Mr. Sachit Talukdar.

...for the State.

Heard the learned counsels for the parties.

Perused the case diary.

Considering the materials available in the case diary, the fact that the incident took place 10 years after marriage, that the husband who is supposedly the principal accused was arrested and was thereafter granted bail and the fact that charge sheet has been submitted, I do not think that custodial interrogation of the present 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 not threaten or intimidate witnesses or tamper with evidence and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly.

The application for anticipatory bail being CRM (A) 2842 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.)