Onitya Bhalla and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Onitya Bhalla and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners: release in the event of arrest on furnishing a bond of Rs.10,000/- each with two sureties of like amount each (one surety local), to the satisfaction of the Arresting Officer, subject to Section 438 CrPC / Section 482 BNSS conditions and further conditions of cooperation with investigation, no threatening or intimidating of witnesses, no tampering with evidence, and petitioner nos.1 and 2 meeting the Investigating Officer as and when required.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (Onitya Bhalla & Ors.) in connection with Belur PS Case No.179/2025.

Ratio / Principle

Considering the petitioners' compliance with the direction to be examined by the Investigating Officer (order dated 09.01.2026) and the other materials available in the case diary, custodial interrogation of the petitioners is not required and the court is inclined to grant anticipatory bail.

Key takeaways

Anticipatory bail granted: in the event of arrest, the petitioners 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, subject to the conditions under Section 438 CrPC corresponding to Section 482 BNSS.ratio¶13
Bail subject to further conditions: the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever, and petitioner nos.1 and 2 shall meet the Investigating Officer as and when required.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail — Section 438, Code of Criminal Procedure, 1973 corresponding to Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — C.R.M (A) 4273 of 2025, order dated 30.01.2026 (Jay Sengupta, J.) — In connection with Belur PS Case No.179/2025 dated 09.09.2025 under Sections 85/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections ¾ of the Dowry Prohibition Act, 1961 — Petitioners had complied with the earlier direction (order dated 09.01.2026) to be examined by the Investigating Officer — Held, custodial interrogation not required; anticipatory bail granted on a bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to statutory conditions and further conditions of cooperation with investigation, abstention from threatening or intimidating witnesses or tampering with evidence, and petitioner nos.1 and 2 meeting the Investigating Officer as and when required — Application disposed of.

30.01.2026 Sl. No.25 Ct. 28 NB

C.R.M (A) 4273 of 2025

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 Belur PS Case No.179/2025 dated 09.09.2025 under Sections 85/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections ¾ of the Dowry Prohibition Act, 1961.

And

In the matter of: Onitya Bhalla & Ors.

… petitioners

Mr. Sudip Patra …for the petitioners.

Ms. Shaila Afrin, Mr. Manoranjan Mahata …for the State.

Report filed on behalf of the State is taken on record.

Heard the learned counsels appearing on behalf of the petitioners and the State.

It appears that the petitioners had complied with the direction to be examined by the Investigating Officer as per the order dated 09.01.2026.

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

Accordingly, in the event of arrest, the petitioners 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 Arresting Officer and subject to the conditions as laid

2

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 petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner nos.1 and 2 shall meet the Investigating Officer as and when required.

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.)