Madhab De @ Madhab Chandra Dey Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Madhab De @ Madhab Chandra Dey Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to Madhab De @ Madhab Chandra Dey on furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman; conditions imposed to attend the Trial Court on every date and not to leave Purba Bardhaman district without prior permission. CRM(M) 1188 of 2026 disposed of; memo of evidence kept on record and case diary to be returned to the State's advocate.

Issue for consideration

Whether the petitioner, in custody for 127 days with the chargesheet already submitted, should be released on bail under Section 483 BNSS, 2023.

Court's answer

Having regard to the facts of the case, the post mortem report, and the fact that the trial would take time to reach its logical conclusion, further custodial detention of the petitioner is unwarranted.

Ratio / Principle

The prayer for bail of the petitioner is allowed.

Key takeaways

Release on bail is conditioned on the petitioner furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman.ratio¶26
If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date.ratio¶27
The petitioner shall not leave the district of Purba Bardhaman without prior permission of the concerned Court.

Detailed headnote1 paragraphs

High Court at Calcutta (Criminal Miscellaneous Jurisdiction), single bench of Tirthankar Ghosh, J., 14.07.2026: Bail application under S.483 Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to S.439 CrPC, 1973) by Madhab De @ Madhab Chandra Dey, an accused in Bhatar Police Station Case No.51 of 2026 dated 29.01.2026 registered under Ss.80(2), 316(2) and 3(5) Bharatiya Nyaya Sanhita, 2023 and Ss.3 and 4 Dowry Prohibition Act, 1961. Petitioner in custody 127 days; chargesheet already submitted; State opposed. Court took into account the post mortem report and observed the trial would take time to reach its logical conclusion; held further custodial detention unwarranted and allowed the prayer for bail. Bail on personal bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman; petitioner to be physically present before the Trial Court on every date and not to leave Purba Bardhaman district without prior permission of the concerned Court. Application disposed of; memo of evidence kept with record; case diary returned to the State's advocate.

14.07.2026

Sl. No. DL 476 Court No. 35

In the High Court at Calcutta Criminal Miscellaneous Jurisdiction

ALLOWED

Asraf, A.R.(Ct.)

Case No.

CRM (M) 1188 of 2026

In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed

in connection with

Bhatar Police Station case no.51 of 2026 dated 29.01.2026 under Sections 80(2), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

-AND-

In the matter of :

MADHAB DE @ MADHAB CHANDRA DEY

…… Petitioner

For the Petitioner :

Mr. Sujoy Sarkar

… Advocate

For the State :

Mr. Sagar Saha Mr. Amol Kumar Datta

… Advocate

1. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 127 days and chargesheet has already been submitted.

2. Learned advocate appearing on behalf of the State opposes the prayer for bail.

3. I have taken into account the post mortem report. Having regard to the facts of the case and the fact that the trial would take some time to be taken to its logical conclusion, I am of the view that further custodial detention of the present petitioner is unwarranted.

Page 2

4. As such, the prayer for bail of the petitioner is allowed .

5. As such, the petitioner, namely, Madhab De @ Madhab Chandra Dey shall furnish bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/(Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman.

6. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court in seisin of the case. The petitioner shall not leave the district of Purba Bardhaman without prior permission of the concerned Court.

7. With the above observations, CRM(M) 1188 of 2026 is disposed of .

8. Memo of evidence filed by the State be kept with the record.

9. Case diary be returned to the learned advocate appearing for the State.

10. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court.

11. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Tirthankar Ghosh, J. )