Calcutta High Court
CRM (A)/2944/2026 of BHARATI BHATTACHARJEE AND OTHERS Vs STATE OF WEST BENGAL on 17 September 2026
- 8 Court No.35 Rohan (Partly Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.( A ) 2944 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station
17.09.2026
Sl. No. - 8
Court No.35
Rohan
(Partly
Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M.(A) 2944 of 2026
In Re: An application for anticipatory bail under Section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 474 of 2026
dated 06.05.2026 for the offences punishable under Sections 318(4)/316(2) of the Bharatiya Nyaya Sanhita, 2023.
-And-
In the matter of: Bharati Bhattacharjee & Ors.
…Petitioners
Mr. Dipankar Dandapath
Mr. Biswaroop Biswas
Mr. Pradip Kumar Ghosh
…for the Petitioners
Mrs. Arushi Rathore
Mr. Ayan Mitra
…for the State
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1. Learned advocate appearing for the petitioners submits that at the time when the agreement was entered, the flat was under construction. Subsequently, the flat has been constructed and on completion, there were extra areas which were available. There is a dispute insofar as that extra area is concerned. As such, the property has not been transferred in favour of the complainant.
2. Learned advocate for the State opposes the prayer for anticipatory bail.
3. Attention of the Court has been drawn to the relevant materials. However, having regard to the fact that petitioner Nos. 1 and 3 are ladies, only on that ground, I am inclined to grant anticipatory bail to the petitioner Nos. 1 and 3.
4. So far as the petitioner No. 2 is concerned, I am not inclined to allow the prayer for anticipatory bail.
5. As such, the prayer for anticipatory bail of the petitioner Nos. 1 and 3, namely, Bharati Bhattacharjee and Kasturi Bhattacharjee is allowed.
6. So far as the petitioner No. 2, namely, Bishnupada Bhattacharjee is concerned, the prayer for anticipatory bail is rejected.
7. As such, I direct that in the event of arrest, the petitioner Nos. 1 and 3 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.
8. Petitioner Nos. 1 and 3 shall make themselves available to the Investigating Officer as and when called for.
9. With the aforesaid observation, C.R.M. (A) 2944 of 2026 is disposed of.
10. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court.
11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)