Alamen Shaikh Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Alamen Shaikh Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest, release on a bond of Rs. 10,000/- with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer; conditions — cooperation with the investigation, no threatening or intimidation of witnesses, and a weekly meeting with the I.O. until submission of the report in final form.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Alamen Shaikh) under Section 482 of the BNSS, 2023 in connection with Krishnagar Women P.S. Case No. 27 of 2025. +1 more

Court's answer

In the event of arrest, the petitioner is 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 conditions that he cooperate with the investigation, shall not threaten or intimidate witnesses, and shall meet the I.O. once a week till submission of the report in final form.

Ratio / Principle

Considering the materials (including the case diary), the court held that custodial interrogation of the petitioner is not required and granted anticipatory bail.

Key takeaways

Court recorded the observation that the injury report bears the same date as the one on which the first FIR was registered (a material considered in reaching the decision).ratio¶6

Detailed headnote1 paragraphs

Application for anticipatory bail under Section 482 of the BNSS, 2023 by Alamen Shaikh, husband of the de-facto complainant, in connection with Krishnagar Women P.S. Case No. 27 of 2025 dated 10/3/2025 under Sections 109/316(2)/76/85/3(5) of the BNS. Counsel for the petitioner submitted that the petitioner had himself lodged the first FIR on 7/9/2024 under Section 498(A) of the IPC, that the second FIR carried substantially similar allegations, and that the other co-accused had already been granted anticipatory bail. Counsel for the State opposed, relying on witness statements and an injury report dated 7/9/2024 which showed no infliction of any grievous injury; the court observed that the injury report bore the same date as the registration of the first FIR. Holding custodial interrogation unnecessary, Jay Sengupta, J. allowed the application: upon arrest, the petitioner is to be released on 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 cooperation with the investigation, abstention from threatening or intimidating witnesses, and a weekly meeting with the I.O. till submission of the report in final form.

17/02/2026 D/L – 50 Court No.28 S. Kundu Allowed

C.R.M.(A) 387 of 2026

In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Krishnagar Women P.S case no. 27 of 2025 dated 10/3/2025 under sections 109/316(2)/76/85/3(5) of the BNS.

In the matter of: Alamen Shaikh ...Petitioner. Mr. Dipanjan Chatterjee Ms. Rimpa Adhikary Ms. Kakan Das …for the petitioner. Mr. Md. Anwar Hossain Ms. Sima Biswas …for the State. 1. Learned counsel appearing for the petitioner submits as follows. The petitioner is the husband of the de-facto complainant. The marriage took place four years ago. The other co-accused have been granted anticipatory bail. On 7/9/2024, the petitioner had earlier lodged the first FIR, inter alia, alleging commission of offence under Section 498(A) of the IPC. With substantially similar allegations, the second FIR has been lodged.

Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the injury report dated 7/9/2024 which, however, does not show infliction of any grievous injury.

It appears that the injury report is of the same date as the one on which the first FIR was registered.

2

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O once a week till submission of report in final form.

Accordingly, the application for anticipatory bail is allowed.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)