Calcutta High Court
CRM (A)/3078/2026 of TARUN GHOSH AND ANR. Vs STATE OF WEST BENGAL on 29 September 2026
29.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M ( A ) 3078 of 2026 Tarun Ghosh & Anr. Vs The State of West Bengal In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,
D/L 38
29.09.2026
Rohit, A.R.(Ct.)
ct.no.35
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M (A) 3078 of 2026
Tarun Ghosh & Anr.
Vs
The State of West Bengal
In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 438 of the Code of Criminal Procedure, 1973 arising out of Karaya Police Station Case No.
of
dated
25.07.2026
under
Sections
61(2)/316(2)/318(4) of the B.N.S, 2023.
And
In the matter of : 1. Tarun Ghosh
2. Asish Roy
……Petitioners.
Mr. Ankan Santra
…for the Petitioners
Mr. Rajendra Banerjee
Mr. Snehasis Banerjee
Ms. Supriti Sarkhel
…for the State
Mr. Abdul Hamid Molla
Mr. Md. Abdul Halim
Mr. Sahil Hamid
…for the De-Facto Complainant
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1. I have taken into account the materials appearing in the Case Diary particularly the seizure list which reflects seizure in respect of the documents by which gold was received by the petitioner no. 1.
2. Learned Advocate for the State as well as for the de facto complainant opposes the prayer for anticipatory bail.
3. Having considered the complicity of both the petitioners, I am of the opinion that prayer for anticipatory bail of the petitioner no. 1 namely, Tarun Ghosh should be rejected. So far as petitioner no. 2 namely, Asish Roy is concerned I am of the opinion that his custodial detention is not required. As such, prayer for anticipatory bail of the petitioner no. 2 namely, Asish Roy is allowed.
4. As such, I direct that in the event of arrest, the petitioner, namely, 2. Asish Roy be released on bail by the Investigating Officer/arresting officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. As the investigation of the case is in progress, petitioner no. 2, namely, Asish Roy shall make himself available before the Investigating Officer within a period of ten days from the date of the order and shall subsequently follow the Investigating Officer as and when called for till the report in final form is submitted before the jurisdictional Court.
6. Accordingly, CRM (A) 3078 of 2026 is partly allowed.
7. Memo of evidence submitted be kept with the record.
8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.
9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)