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2026 DAILYLAW 35226 (CAL)

NILIMA JANA @ NILIMA ADAK JANA v. STATE OF WEST BENGAL

CRM (A)/2507/2026 · 2026-08-24

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.08.2026 Court No.551 Item No.31 tbsr Allowed CRM (A) 2507 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure in connection with Tamluk P.S. Case No. 781 of 2025 dated 28.09.2025 under Sections 329(4)/115(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: NILIMA JANA @ NILIMA ADAK JANA ….Petitioner. Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick …for the petitioner. Mr. R. Chakrabarti Mr. Anirudha Sarkar …..for the State. 1. Memo of evidence filed on behalf of the State is taken on record. 2. It is submitted by the learned advocate for the petitioner that the de facto complainant happens to be her mother-in-law. In the year 2022, the present petitioner filed a case under Section 498A of the Indian Penal Code against the de facto complainant as well as her husband. She was forcibly driven out from her matrimonial house. At present she is residing at her father’s house. According to the allegations made in the First Information Report, the present petitioner and her husband visited the house of the de facto complainant and assaulted her on September 28, 2025. There are allegations of demand of money from the de facto complainant of the First Information Report. 2 3. It is submitted by the learned advocate for the petitioner that the petitioner has been falsely implicated in this case out of previous grudge. He further submits that the husband of the present petitioner was granted bail by the learned jurisdictional Court. 4. Learned advocate for the State relies upon the materials in the case diary. He refers to the statement of the victim recorded under Section 180 of the BNSS. He opposes the prayer for anticipatory bail. 5. Having heard the submissions made on behalf of the parties and upon materials in the case diary, it appears that the investigation has already concluded into a charge sheet. The medical documents collected in course of investigation show an injury upon the de facto complainant of July 12, 2025 whereas incident alleged in the First Information Report is on September 28, 2025. Moreover, the co-accused has already been enlarged on bail. There is no possibility of a custody trial. 6. Considering the facts and circumstances of the case and the materials in the case diary, the prayer for anticipatory bail of the petitioner is allowed. 7. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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, 3 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses. 8. CRM (A) 2507 of 2026 is disposed of. 9. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities. (Md. Shabbar Rashidi, J.)