Salman Ansari Vs the State of West Bengal and Ors. — Dowry and Cruelty | Calcutta HC (2025)

Salman Ansari Vs the State of West Bengal and Ors. — Dowry and Cruelty | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Salman Ansari: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each, subject to Section 438(2) CrPC/Section 482(2) BNSS conditions, with directions to meet the Investigating Officer once a fortnight until further orders and to join and cooperate with the investigation; the CRM (A) 585 of 2025 stands disposed of.

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioner, the brother-in-law of the victim, in connection with G.R. Case No.1203 of 2025 (Kalchini P.S. Case No.73 of 2025), where the allegation of attempt to rape is said to lack detail and no medical documents exist.

Court's answer

The allegation of attempt to rape made by the victim lady against the petitioner lacks details, and there are no medical documents on record; accordingly, the Court is inclined to allow the prayer for anticipatory bail.

Ratio / Principle

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, to the satisfaction of the arresting officer, subject to the conditions under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023, shall meet the Investigating Officer once in a fortnight until further orders, and shall join the investigation and cooperate with the Investigating Officer.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL – SECTION 482, BNSS 2023 – Petitioner, brother-in-law of the victim, sought anticipatory bail in G.R. Case No.1203 of 2025 arising out of Kalchini P.S. Case No.73 of 2025 dated 27.06.2025 under Sections 85/64/62/109 of the Bharatiya Nyaya Sanhita, 2023 read with Section 3/4 of the Dowry Prohibition Act, pending before the learned Additional Chief Judicial Magistrate, Alipurduar; the husband and mother-in-law of the victim had already been granted anticipatory bail by the learned Sessions Judge, Alipurduar, and none appeared for the de facto complainant/victim despite service. Holding that the alleged attempt to rape lacked details and that there were no medical documents, the Single Judge allowed the prayer: in the event of arrest the petitioner was to be released on a bond of Rs.10,000/- with two sureties of like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, directed to meet the Investigating Officer once a fortnight until further orders and to join the investigation.

20.11.2025 Item no.2(DL) Court No.3 srm (Allowed)

IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION

C.R.M. (A) 585 of 2025

In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with G.R. Case No.1203 of 2025 arising out of Kalchini P.S. Case No.73 of 2025 dated 27.06.2025 under Sections 85/64/62/109 of the Bharatiya Nyaya Sanhita, 2023 read with Section 3/4 of Dowry Prohibition Act pending before the learned Additional Chief Judicial Magistrate, Alipurduar.

In the matter of : Salman Ansari … Petitioner. Ms. Esha Acharjee, Mr. Sampad Das, Ms. Avipsha Dutta Roy, Mr. Rimik Chakraborty …for the Petitioner.

Mr. Ujjwal Luksom, Mr. Bhaskar Das …..for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Learned Advocate for the petitioner submits that there are no such specific allegations against this petitioner, who happens to be the brother-in-law of the victim lady. The husband and mother-in-law of the victim lady have already been favoured with an order of anticipatory bail by the learned Sessions Judge, Alipurduar. She seeks for grant of anticipatory bail in favour of the petitioner.

2

Learned Advocate for the State opposes such prayer.

Despite service, none appears on behalf of de facto complainant/victim.

Perused the case diary and the materials on record.

Though the victim lady alleges of attempt to rape upon her by the petitioner, but the same is lacking details. Moreover, there are no medical documents. Considering the above, I am inclined to allow the prayer of the petitioner for anticipatory bail.

Accordingly, in the event of arrest the petitioner namely Salman Ansari shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall meet the Investigating Officer of the concerned police station once in a fortnight until further orders. The petitioner is directed to join investigation and cooperate with the Investigating Officer.

This application for anticipatory bail is, thus, allowed.

CRM (A) 585 of 2025 stands disposed of.

( Bivas Pattanayak, J .)