Joyanta @ Joy Das And ANR. v. State Of West Bengal

09.01.2026 Sl. No.44 Ct. 28 NB CRM (A) 4277 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 Chakdah PS Case No.1303/2025 dated 02.11.2025 under Sections 85/103(1)/3(5) of the BNS, 2023.

And In the matter of: Joyanta @ Joy Das & Anr.

... petitioners Mr. Shibaji Kumar Das, Ms. Maitrayee Das.

...for the petitioners.

Mr. Saibal Bapuli, Ms. Pallavi Priyadarshee.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the younger brother in law and the mother in law of the alleged victim. The marriage between the couple took place 71⁄2 years ago. The principal accused being the husband was arrested and is still in custody. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the postmortem report.

Considering the above, the other materials available in the case diary, the alleged roles ascribed to the present petitioners and the fact that the principal accused being the husband is still in custody, 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 the petitioner no.1 shall meet the Investigating Officer once a week till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail is, thus, disposed of. 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.)