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

Samsed Ali 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 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, non-intimidation of witnesses and non-tampering with evidence, surrender before the jurisdictional Court within four weeks, and regular attendance.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC / Section 482 BNSS in connection with Samuktala PS Case No.22/2025 under Sections 85 and 89 of BNS, 2023.

Court's answer

Anticipatory bail granted: in the event of arrest, the petitioner is to be released on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions under Section 438 CrPC / Section 482 BNSS, a bar on threatening or intimidating witnesses or tampering with evidence, surrender before the learned jurisdictional Court with a prayer for bail within four weeks, and regular attendance before the jurisdictional Court.

Ratio / Principle

The Court found a document regarding the marriage between the petitioner and the alleged victim on record, but no documents regarding forcible abortion, and noted that the charge sheet had been submitted; considering these materials and the case diary, it was inclined to grant anticipatory bail.

Detailed headnote1 paragraphs

Anticipatory bail – S.438 CrPC / S.482 BNSS – Case under Ss.85 & 89 BNS, 2023 (Samuktala PS Case No.22/2025 dated 26.01.2025) – Petitioner alleged to be the husband of the de facto complainant; counsel submitted no formal marriage took place and the parties stayed together since 2017, the lady (herself married with a child) leaving in 2023 and lodging the FIR two years later – Document regarding marriage on record but no documents regarding forcible abortion – Charge sheet submitted – Anticipatory bail granted on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to S.438 CrPC / S.482 BNSS conditions, no threatening/intimidating witnesses or tampering with evidence, surrender before jurisdictional Court within four weeks and regular attendance – Application disposed of (Jay Sengupta, J.).

20.03.2026 Sl. No.05 Ct. 06

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

NB

C.R.M (A) 179 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 Samuktala PS Case No.22/2025 dated 26.01.2025 under Sections 85 and adding Section 89 of BNS, 2023.

And

In the matter of: Samsed Ali … petitioner

Mr. Arnab Saha, Md. Shoaib Akhtar. …for the petitioner.

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

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the alleged husband of the de facto complainant. Actually, no formal marriage had taken place. However, the two had staying together since 2017. In fact, the lady was a married one with a child. She left the company of the petitioner in 2023 and lodged the FIR two years later.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the victim before the learned Magistrate and the documents present in the case diary.

It appears that there is a document regarding the marriage between the petitioner and the alleged victim. However, there are no documents regarding forcible abortion. Charge sheet has been submitted.

2

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.

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 and shall regularly attend the jurisdictional Court.

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.)