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2026 DAILYLAW 32454 (CAL)

SWAPAN BAURI v. STATE OF WEST BENGAL

CRM (A)/2034/2026 · 2026-08-05

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.564 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2034 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 Saltora Police Station Case No. 84 of 2026 dated 05.06.2026 under Sections 341/323/325/384/387/406/408/506/307/34 of the Indian Penal Code (G.R. Case No. 791/2026). And In Re : Swapan Bauri ... Petitioner. Mr. Sudipto Moitra, Sr. Adv., Mr. Samiran Mandal, Mr. Avik Bhattacharya, Mr. Nitish Samanta, Ms. Shreyashee Mitra, Mr. Agniva Mandal ... For the Petitioner. Mr. Kallol Mondal, Ld. PP, Mr. Kaustav Manna ... For the State. Learned senior advocate appearing for the petitioner submits that the letter of complaint which has been addressed to the police authorities itself reflect that incident complained of starts from the year 2016 till the Headmaster retired in the year 2022. There are accusations of harassing the Headmaster as also issues relating to wrongful restraint relating to the school. At the relevant point of time, it has been specifically stated that complaints were addressed to the police station and on some occasions police rescued the Headmaster also, but no case was registered at the relevant point of time. 2 Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that reports have been called for from different departments. The said reports are awaiting. The case is based on documents. As such, prosecution be afforded some time. I have considered the overall circumstances, the check period for which the alleged offence has been complained of and the initiation of the accusations is almost 12 years ago. Having regard to the same, I am of the opinion that custodial detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Swapan Bauri 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. As the investigation of the case is still in progress, the petitioner, within a period of ten days from date, shall make himself available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner for the sake of investigation. The application for anticipatory bail, being CRM (A) 2034 of 2026, is, thus, disposed of. 3 All concerned parties shall act on the server copy of this order duly 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.)