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Calcutta High CourtCRM (A)/4278/2025allowed

Asadul Rahaman @ Arsad Sk And ORS. v. State Of West Bengal

2026-01-21Hon'Ble Justice Jay Sengupta2 pages

AD 39 January 21, 2026 Ct. 28 SG CRM(A) 4278 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Murshidabad P.S. Case No.791 of 2025 dated 20.08.2025 under Sections 85/108/3(5) of the BNS, 2023, read with Sections 3/4 of the D.P. Act.

And In the matter of:

Asadul Rahaman @ Arsad Sk. and others ... petitioners Mr. Tapodip Gupta Mr. Suman Bhanja ... for the petitioners Mr. S.S. Imam Mr. Rahul Ganguly ... for the State Learned counsel for the petitioners submits that the petitioners are the in-laws of the alleged victim. The husband was earlier arrested and thereafter granted bail. The marriage between the couple took place 9 years ago. The FIR was lodged about 5 months after the date of incident.

Learned counsel for the State opposes the prayer for anticipatory bail and relies on the post-mortem report and the statements of witnesses.

Considering the materials available in the case diary, the alleged roles ascribed to the present petitioners and the facts that the principal accused being the husband was arrested and thereafter granted bail and there was a delay in lodging

the FIR, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioners shall cooperate with the investigation, shall not threaten or intimidate witnesses and the petitioner Nos.1, 3 and 6 shall meet the investigating officer once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)