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2025 DAILYLAW 35940 (CAL)

JOY DAS AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2935/2025 · 2025-09-12

Jay Sengupta

body2025

Judgment text

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12.09.2025 Sl. No.46 Ct. 28 NB C.R.M. (A) 2935 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 Bangaon Women PS Case No.39/2025 dated 12.07.2025 under Sections 85 of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Joy Das & Ors. … petitioners Mr. Akashdeep Mukherjee, Mr. Soummyadeep Nag, Ms. Soumali Das. …for the petitioners. Mr. Atif Ahmed Siddiqui. …for the State. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband and the parents in law of the alleged victim. The last date of occurrence mentioned is on 07.07.2024 when the wife left the matrimonial home. But, the FIR was lodged a year after, on 12.07.2025 only after the husband filed a suit for divorce. The articles including streedhan articles were exchanged between the parties. The petitioners have also complied with the notice under Section 35(3) of the Code. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements contained in the case diary and other materials. Considering the materials available in the case dairy, the fact that FIR was lodged after a delay and after a divorce suit was filed by the husband and the fact that the petitioners have complied 2 with the notice issued by the Investigating Agency, I do not think that custodial interrogation of the petitioners are required in this case and I am inclined to grant anticipatory bail to the present 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 shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner no.1 shall meet the Investigating Officer once a fortnight till submission of report in final form. The application for anticipatory bail being C.R.M. (A) 2935 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.)