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2026 DAILYLAW 16698 (CAL)

AZAD SK. @ AJAD SK. AND ANR. v. STATE OF WEST BENGAL

CRM (A)/27/2026 · 2026-01-16

Jay Sengupta

body2026

Judgment text

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16.01.2026 Court No.28 Item No.185 tbsr Allowed CRM (A) 27 of 2026 In Re: - An application for anticipatory bail under Section 438 of the Cr.P.C., 1973/Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kandi P.S. Case No.544 of 2025 dated 11.11.2025 under Sections 498A/304B of the IPC, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961. And In the matter of: Azad Sk. @ Ajad Sk. & Anr. ….Petitioners. Mr. Manas Kumar Das …for the petitioners Mr. Aniket Mitra Ms. Ankita Pal ….for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents-in-law of the alleged victim. The marriage between the couple in question took place about 6 years ago. Although the incident happened on 24.06.2024 the FIR was registered on 11.11.2025. The petitioners have been falsely implicated in this case. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the witnesses and the Surathal report. A requisition has been made for obtaining the post mortem report. The Surathal report speaks of a verbal altercation between the husband and wife over telephone sometime before the incident. Considering the above, the delay in lodging the First Information Report, the materials available in the case diary and the alleged roles 2 ascribed to the present petitioners, 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. 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 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 further condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and the petitioner no. 1 shall meet the I.O. 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 may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)