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2026 DAILYLAW 39308 (CAL)

CHAMPA DEY v. STATE OF WEST BENGAL

CRM (A)/2938/2026 · 2026-09-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L500 08.09.2026 Bpg. Allowed C.R.M. (A) 2938 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bhatar Police Station Case No.51 of 2026 dated 29.01.2026 under Sections 80(2)/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with 3 /4 of the Dowry Prohibition Act and charge-sheet submitted under Sections 80(2)/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with 3 /4 of the Dowry Prohibition Act; Champa Dey Versus The State of West Bengal Mr. Sujon Chatterjee Mr. Rohan Bavishi. …for the petitioner. Mr. Kaustuv Shome Mr. Suman Chakraborty. …for the State. Mr. Debapriya Samanta Mr. Suhotro Palit Mr. Akash Kumar Chakraborty Mr. Sabyasachi Howlader. …for the de facto complainant. Learned advocate for the petitioner submits that the petitioner is the mother-in-law who has been foisted with the present criminal case. Learned advocate for the de facto complainant opposes the prayer for anticipatory bail and submits that within a period of two years of marriage being solemnised because of physical and mental torture the daughter-in-law had to terminate her life. State has produced the case diary. 2 I have taken into account the postmortem report. There are no physical injuries which are appearing in the postmortem report. I have taken into account also the factum that charge-sheet has been submitted and the husband was arrested in course of the investigation. Having regard to the same, I am of the opinion that custodial detention of the present petitioner may not be warranted in the present set of circumstances. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Champa Dey shall be released on bail 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. Accordingly, CRM(A) 2938 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.) 3