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2026 DAILYLAW 8910 (CAL)

BISWANATH BHOWMIK AND ORS. v. STATE OF WEST BENGAL

CRM (A)/555/2026 · 2026-03-05

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05/03/2026 D/L – 42 Court No.28 S. Kundu Allowed C.R.M.(A) 555 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Shyampur P.S case no. 665 of 2025 dated 7/12/2025 under sections 316(2)/317(4)/318(4)/319(2)/61(2) of the BNS. In the matter of: Shri Biswanath Bhowmik & Ors. ...Petitioners. Mr. Kunal Ganguly …for the petitioners. Mr. Tapan Dutta Gupta Ms. Juin Dutta Chakraborty Ms. Rituparna Ghosh Mr. Bidan Modak Ms. Arpita Kundu Mr. Sourav Sardar …for the de-facto complainant. Ms. Anasuya Sinha Ms. Nandini Chatterjee …for the State. 1. Learned counsel appearing for the petitioners submits as follows. The de-facto complainant is the husband of the daughter of the petitioner no. 1 while the other petitioners are the relatives of the petitioner no. 1. The marriage in question took place in 2020. The wife left in 2023. The husband thereafter filed a suit for restitution of conjugal rights. Two other proceedings are pending between the husband and the wife. The husband had earlier lodged a complaint in July, 2025 against the other side. The principal accused has already been arrested. 2. Learned counsel appearing for the de-facto complainant strongly opposes the prayer for anticipatory bail. He 2 submits that this is a case of hacking of mobile phones and taking out money, amongst other things. 3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. She submits that the principal accused is habituated to getting married without dissolving the earlier marriages. The accused also created multiple VPNs, hacked mobile phone numbers and took out money into her account. Investigation is going on. The said wife was arrested in another case and was granted bail in respect of the same. 4. Considering the above, the other materials available in the case diary and the alleged roles ascribed to the present petitioners, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners. 5. 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 further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner nos. 1, 2 and 5 shall meet the Investigating Officer once a week till submission of report in final form. 6. Accordingly, the application for anticipatory bail is allowed. 3 7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities. (Jay Sengupta, J.)