Noor Alam Mondal Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Noor Alam Mondal Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the petitioner to 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, subject to the conditions under Section 438 CrPC / Section 482 BNSS, on further conditions that he shall not threaten or intimidate witnesses or tamper with evidence, shall surrender before the learned jurisdictional Court and pray for bail within four weeks, and shall attend the jurisdictional Court regularly.

Issue for consideration

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023) should be granted to the petitioner, stated to be the brother-in-law of the alleged victim, in connection with Burdwan Women PS Case No.348/2025 dated 02.12.2025 under Sections 85/316(2)/117(2)/352/351(2)/351(3)/3(5)/61(2) of BNS, 2023.

Court's answer

Anticipatory bail is granted to the petitioner, having regard to the other materials available in the case diary, the alleged role ascribed to the present petitioner, and the fact that a charge sheet has already been submitted.

Ratio / Principle

The grant of anticipatory bail is conditioned on: furnishing a bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local); compliance with the conditions under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita; not threatening or intimidating witnesses or tampering with evidence; and surrendering before the learned jurisdictional Court and praying for bail within four weeks, with regular attendance before the jurisdictional Court.

Detailed headnote1 paragraphs

Anticipatory bail — Section 438 CrPC / Section 482 BNSS — Petitioner (Noor Alam Mondal), brother-in-law of the alleged victim in Burdwan Women PS Case No.348/2025 dated 02.12.2025 (Sections 85/316(2)/117(2)/352/351(2)/351(3)/3(5)/61(2) BNS, 2023), granted anticipatory bail by Jay Sengupta, J. (13.04.2026). Relevant factors: the victim's husband had already surrendered and obtained bail from the jurisdictional Court, and a charge sheet had already been submitted. Bail ordered on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438 CrPC / Section 482 BNSS conditions, a bar on threatening/intimidating witnesses or tampering with evidence, and an undertaking to surrender before the jurisdictional Court within four weeks and attend it regularly. Application disposed of accordingly.

13.04.2026 Sl. No.11 Ct. 28 NB

C.R.M (A) 1116 of 2026

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Burdwan Women PS Case No.348/2025 dated 02.12.2025 under Sections 85/316(2)/117(2)/352/351(2)/351(3)/3(5)/61(2) of BNS, 2023.

And

In the matter of: Noor Alam Mondal … petitioner

Mr. Rajendra Banerjee, Mr. S. Ganguly. …for the petitioner.

Ms. Faria Hossain, Mr. Ashok Das. …for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the brother in law of the alleged victim. The husband surrendered before the learned jurisdictional Court and was granted bail.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements available in the case diary.

Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioner and the fact that a charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, 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

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satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)