Akash @ Samim Aktar And ANR. v. State Of West Bengal

AD 27 January 7, 2026 Ct. 28 SG CRM(A) 4186 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagardighi P.S. Case No.773 of 2025 dated 08.09.2025 under Sections 85/117(2)/118(2)/109(1)/82(1)/3(5) of the BNS, 2023.

And In the matter of:

Akash @ Samim Aktar and another ... petitioners Mr. Imdadul Hoque ... for the petitioners Ms. Manisha Sharma Mr. Arup Sarkar ... for the State Learned counsel for the petitioners submits that the petitioner No.2 is the husband of the de facto complainant and the petitioner No.1 is a relative of the petitioner No.2. In July, 2025, the de facto complainant lodged an FIR for the first time against the petitioner No.2 alleging, inter alia, torture on account of dowry demands. The learned Sessions Court granted anticipatory bail in August, 2025. As the de facto complainant could not make any headway pursuant to the first complaint, she lodged a second FIR in September, 2025.

Learned counsel for the State strongly opposes the prayer for anticipatory bail and relies on the statements of the victims and neighbours and the injury reports. She submits that the two FIRs relate to two different alleged dates of occurrence. In the present case, the de facto

complainant and her mother were allegedly brutally assaulted by the present petitioners. The wife suffered cut injury on a vital part of the body like scalp. The injury was recorded as a grievous injury in the injury report. It is the further grievance of the de facto complainant that a few days ago the minor child of the de facto complainant was forcibly taken away. The petitioner No.2 also got remarried. Considering the above and the other incriminating materials available in the case diary including the injury report and the statements of the victims and neighbours implicating the present petitioners, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)