Ajimul Hossain Vs the State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Ajimul Hossain Vs the 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 upon bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438 CrPC / Section 482 BNSS conditions, non-intimidation of witnesses / non-tampering with evidence, and surrender before the learned jurisdictional Court within four weeks.

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 in connection with Mathabhanga PS Case No.464/2025 under Sections 85/115(2)/109 of BNS, 2023.

Court's answer

Anticipatory bail granted to the petitioner, the court being inclined so considering the other materials available in the case diary and the fact that the charge sheet has already been submitted.

Ratio / Principle

In the event of arrest, the petitioner to be released on bail upon a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438 CrPC / Section 482 BNSS conditions, a bar on threatening or intimidating witnesses or tampering with evidence, and surrender before the learned jurisdictional Court within four weeks.

Detailed headnote1 paragraphs

Anticipatory bail – Application under S.438 CrPC, 1973 corresponding to S.482 BNSS, 2023 – Petitioner (husband of alleged victim) in Mathabhanga PS Case No.464/2025 dated 16.06.2025 under Ss.85/115(2)/109 BNS, 2023 – Charge sheet already submitted; no injury report in case diary – Considering case-diary materials and submission of charge sheet, anticipatory bail granted in event of arrest on bond of Rs.10,000/- with two sureties of like amount each (one local), subject to statutory conditions, bar on threatening/intimidating witnesses or tampering with evidence, and surrender before learned jurisdictional Court within four weeks – Application disposed of. (Calcutta High Court, Circuit Bench at Jalpaiguri; Jay Sengupta, J.; 20.03.2026)

20.03.2026 Sl. No.03 Ct. 06

Calcutta High Court In The Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

NB

C.R.M (A) 163 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 Mathabhanga PS Case No.464/2025 dated 16.06.2025 under Sections 85/115(2)/109 of BNS, 2023.

And

In the matter of: Ajimul Hossain … petitioner

Mr. Arijit Ghosh

…for the petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the alleged victim. The marriage between the couple took place in 2023. After some time, the alleged victim left the matrimonial home at her own volition. A letter dated 28.05.2025 was given by the advocate of the petitioner asking the alleged victim to return. In response, the present FIR was lodged on 16.06.2025.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the victim and the other statements. However, there is no injury report present in the case diary. Charge sheet has been submitted.

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

2

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 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.

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.)