SAURABH CHAKRABORTY AND ORS. v. STATE OF WEST BENGAL
CRM (A)/2072/2026 · 2026-08-19
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33159 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33159 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.08.2026 Sl.No. 16 Ct. No. 39 D.Hira (Allowed) In The High Court At Calcutta Appellate Side
CRM (A) No. 2072 of 2026
In Re: An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nagerbazar Police Station Case No. 149 of 2026 dated 12.06.2026 under Sections 85/316(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961. -And-
In the matter of : Saurabh Chakraborty & Ors. … petitioners Mr. Shyamal Kanti Banerjee, Mr. Ratan Pathak, Mr. Ujjal Chatterjee, Mr. Atanu Mondal, Mr. Jayanta Datta. … for the petitioners Mr. Rajendra Banerjee, ld. APP., Mr. P. Karan Singh. … for the State
1. Memo of evidence be taken on record.
2.
Learned counsel appearing on behalf of the petitioners submits that the petitioner no. 1 (husband of the de facto complainant), petitioner no. 2 (mother-in-law of the de facto complainant), petitioner no. 3 (father-in-law of the de facto complainant), and petitioner no. 4 (sister-in-law of the de facto complainant) are innocent, and they have been falsely implicated in this case.
3. It is further submitted that the defacto complainant lodged the complaint after 101 days of her departure
2 from the matrimonial home. She left the matrimonial home on 3rd March, 2026. Subsequently, on 15th July, 2026 all stridhan articles were recovered from the matrimonial home in the presence of the de facto complainant.
4. They pray for anticipatory bail on any terms and conditions.
5.
Learned counsel appearing on behalf of the State submits that there are allegations of physical and mental torture upon the de facto complainant since her marriage. No gold jewellery has been recovered yet.
Learned counsel opposes the prayer for anticipatory bail.
6. Having heard the learned counsels for the respective parties and upon perusal of the statement of the witnesses, this Court finds that the allegation is general and omnibus; as such, this is a fit case for granting anticipatory bail to the petitioners as there is no need for custodial interrogation/detention.
7. Accordingly, the prayer for anticipatory bail of the petitioners, namely, 1) Saurabh Chakraborty, 2) Baidehi Chakraborty, 3) Soumitra Chakraborty and 4) Bidisha Chakraborty are allowed.
8. In the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section
3 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
9. In the event the petitioners fail to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law.
10. The application for anticipatory bail is, thus, allowed.
11. All parties shall act on the server copies of this order duly downloaded from the official website of this court.
12. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Ajay Kumar Gupta, J. )