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2026 DAILYLAW 29265 (CAL)

ARIJIT SAHA v. STATE OF WEST BENGAL AND ANR

/1652/2026 · 2026-07-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.918 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 1652 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Durgapur Women Police Station Case No. 15 of 2026 dated 09.05.2026 under Sections 69/351(3)/308/77/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 763 of 2026). And In Re : Arijit Saha ... Petitioner. Md. Musharraf Hossain, Mr. Satadru Lahiri, Mr. Safdar Azam ... For the Petitioner. Mr. Sunil Gupta ... For the State. Learned advocate appearing for the petitioner submits that the petitioner and the victim are adults who were able to understand the consequences of their acts. It has been submitted that the petitioner happens to be a medical professional and the victim happens to be a health worker. The nature of accusations which have been made primarily do not reflect that the petitioner has forced himself over the lady. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. 2 I have taken into account the statement of the victim, but I do not find that there are any materials to suggest relating to circulation of obscene materials. Having considered rest of the materials appearing in the case diary, I am of the opinion that custodial detention of the present petitioner is unwarranted in the facts of the present case. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Arijit Saha shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since the investigation of the case is still in progress, the petitioner shall make himself available once in a fortnight or as and when called for by the Investigating Officer of the case till the submission of the charge-sheet, if any, before the jurisdictional court. Report submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 1652 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)