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2026 DAILYLAW 8636 (CAL)

CHINTA BARAI AND ORS. v. STATE OF WEST BENGAL

CRM (A)/564/2026 · 2026-03-05

Jay Sengupta

body2026

Judgment text

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05.03.2026 Court No.28 Item No.45 tbsr Allowed CRM (A) 564 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta P.S. Case No.531 of 2025 dated 14.07.2025 under Sections 126(2)/117(2)/118(2)/123/109/352/82(1)/3(5) of the BNS, 2023. And In the matter of: Chinta Barai & Ors. ….Petitioners Mr. Santanu Talukdar Mr. Priyankar Ganguly Ms. Shalini Bairagi ….for the petitioners Mr. Bibhaswan Bhattacharya Ms. Nahid Ahmed ….for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no. 2 had eloped with a third person. When the husband came back and went to bring back his wife, he was severely assaulted by the petitioners and poison was forcibly poured into his mouth. He had to remain hospitalized for four days. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the witnesses including the victim and the medical papers. Although it is alleged that there was physical assault, there is no mention of the same in the medical papers except for the poisoning. There is no statement of any eye-witness in the case diary. Considering the above, the other materials available in the case diary, the fact that the petitioners are the female members of the household and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioners. 2 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 surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses. 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.)