Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
08.07.2026 Item No. 4 & 5 Ct. No. 5 S.De CRM(A)/367/2026 In the matter of : KALPANA GUHA WITH CRM(A)/369/2026 In the matter of : TAPAN KUMAR GUHA … Petitioner. In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Mr. Nilay Chakraborty, Adv. Mr. Sourav Lohani, Adv. …for the Petitioners.
Mr. Avrojyoti Das, ld. APP Mr. Debabbrata Rai, Adv.
…for the State.
1. The petitioner has approached this Court directly to pray for anticipatory bail without approaching the learned Sessions Judge first with the similar prayer, which is in contradiction of the order of the Hon’ble Supreme Court in Mohammed Rasal C and Another Vs. State of Kerala and another reported in 2025 SCC Online SC
2728.
2. Earlier, following the dictum of the Supreme Court in Mohammed Rasal C (Supra) this Court has directed for preferring an application of anticipatory bail by the Petitioner before the Sessions Judge, in a similar situation.
2
3. In this case, I do not see any reason to depart from such decision of the Court as stated above. Hence, it is directed that let the petitioner approach the learned Sessions Judge with his application for grant of anticipatory bail, treating the instant application as withdrawn.
4. Let it be further directed that there shall not be any coercive action against the petitioner till the learned Sessions Judge disposes of the anticipatory bail prayer of the petitioner.
5. CRM(A)/367/2026 and CRM(A)/369/2026 are disposed of.
(Rai Chattopadhyay, J.)