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Calcutta High CourtCRM(M)/2697/2025allowed

Alok Kandar And ORS. v. State Of West Bengal

2025-12-23Hon'Ble Justice Tirthankar Ghosh3 pages

23.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.36 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2697 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Namkhana Police Station Case No. 227 of dated 07.11.2025 under Sections 85/316(2)/80/103/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act (G.R. Case No. 2432 of 2025).

And In Re :

Alok Kandar and others ... Petitioners.

Mr. Ayan Basu, Mr. Sandip Kumar Mondal, Mr. Sumit Routh ... For the Petitioners.

Ms. Sonali Das, Ms. Suparna Chatterjee ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 46 days. The petitioner no.1 happens to be brother-in-law, petitioner no.2 happens to be father-in-law and petitioner no.3 happens to be mother-in-law. Learned advocate for the petitioners submits that the petitioners are innocent of the charges. The prosecution case although registered under Sections 103 and 80 of the BNS, 2023 along with other sections, but prima facie from the materials which are appearing, it seems that the deceased committed suicide and if the entirety of the facts are accepted to be true, petitioners would be liable for abetting commission of such suicide.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the statement of the witnesses.

I have taken into account the materials appearing in the case diary and having regard to the locus of the present petitioners in respect of the nature of the offence committed, I am of the view that further detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioners is allowed.

Accordingly, the petitioners viz., 1. Alok Kandar, 2. Nakul Kandar and 3. Kalpana Kandar shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kakdwip, South 24-Parganas.

If on bail, the petitioner Nos. 1 and 2 shall meet with the Investigating Officer of the case once in a fortnight till submission of the charge-sheet.

The petitioners also shall not leave the jurisdiction of the district of South 24-Parganas without prior permission of the learned Additional Chief Judicial Magistrate, Kakdwip. The application for bail, being CRM (M) 2697 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)