Calcutta High Court
CRM (A)/3061/2026 of ASIA BEGUM AND ANR Vs THE STATE OF WEST BENGAL on 29 September 2026
Court No.35. D/L. 21. Kausik (Allowed) CRM ( A ) 3061 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haripal PS Case No. 494/26 dated 05.07.2026
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29.09.2026 Court No.35. D/L. 21. Kausik (Allowed)
CRM (A) 3061 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haripal PS Case No. 494/26 dated 05.07.2026 under Sections 85/76/109(1) of the BNS.
And In the matter of : Asia Begum & Anr.
……Petitioners.
Mrs. Soma Chowdhury Bandhu
Mr. Anurag Chatterjee
Mr. Samartha Ghosh
Mr. Ranajit Dutta
……for the Petitioners.
Mr. Ooiseeroop Sinha
Mr. Rishav Kumar Singh
….for the State.
Learned advocate appearing for the petitioners submits that the petitioners are the mother-in-law and father-in-law who have been foisted with the criminal case.
State has opposed the prayer for anticipatory bail and drawn the attention of the Court to the specific accusations against the petitioner no. 2.
I have taken into account the overall allegations and the factum of a matrimonial dispute existing.
Having regard to the overall circumstances of the case and considering that the petitioners are parents of the husband, I am of the view that their custodial interrogation may not be warranted in the facts of the case.
As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners, namely, (1) Asia Begum, (2) Sk. Beller Ali @ Sk. Billal Ali be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioner no. 2, namely Sk. Beller ali @ Sk. Billal Ali will meet with the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer till the report in final form is submitted before the jurisdictional Court. Petitioner No. 1, namely, Asia Begum will make herself available as and when required by the investigating officer for the sake of investigation. Thus, CRM (A) 3061 of 2026 is allowed. Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)