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2026 DAILYLAW 24985 (CAL)

SAMSER MIR @ SYED SAMSER ALI AND ORS v. STATE OF WEST BENGAL AND ANR

CRM (A)/1416/2026 · 2026-06-23

Jay Sengupta

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.06.2026 Court No.28 Item No.27 ssi CRM (A) 1416 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Sutahata Police Station Case No. 395 of 2025 dated 04.12.2025 under Sections 85/80/103/ 3(5) of the BNS 2023. And In the matter of: Samser Mir @ Syed Samser Ali & others. …. Petitioners Mr. Amitava Chowdhury Mr. Debasis Sur Mr. Dilip Kumar Das …for the petitioners Mr. Krishnendu Bhattacharya, Ld. APP Ms. Priti Kar Bagchi …for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the brother in law, the sister in law and the mother in law of the alleged victim. The marriage between the couple in question had taken place six years ago. The husband was arrested and was thereafter granted bail. The petitioners have been falsely implicated in this case. Learned Additional Public Prosecutor relies on the case diary and opposes the prayer for anticipatory bail. He refers to the post mortem report of the victim lady which shows that there was a ligature mark on the neck. As per the statements of neighbours present at page 20 and 22 of the case diary and the statement of a relative present at page 21, the petitioners had also been torturing the victim regularly after the marriage. In fact, the lady/petitioner no.2 along with the mother in law would often beat up the victim. It also appears that all the accused fled away after the incident. 2 Considering the above and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail is rejected. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)