17.08.2026 Sl.No. 11 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 1943 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/corresponding to under Section 438 of the Code of Criminal Procedure, 1973; filed in connection with Basirhat Police Station Case No. 479 of 2026 dated 09.06.2026 under Sections 85/316(2) of the Bharatiya Nyaya Sanhita, 2023 corresponding to GR no. 3429 of 2026. -And- In the matter of : Abhijit Sarkar … Petitioner Mr. Anindya Sundar Chatterjee ….for the petitioner Mr. Pinaki Bhattacharyya ……..for the State 1. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is innocent. He has been falsely implicated in this case. He further draws the attention to the copy of plaint of the matrimonial case no. 1178/2026 contending that the marriage was taken place between the parties on 16.12.2021 and, thereafter, she left the matrimonial house voluntarily. The petitioner filed a restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and serve notice and, therefore, she lodged a complaint on 09.06.2026 after a long delay. He prays for anticipatory bail in any terms and condition. 2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and produces the case diary and refers the statement under Section 180 of the BNSS of the de-facto complainant and other witnesses. 3. Having heard the learned counsels for the respective parties and on perusal of the materials available on record as well as the case diary including the statement recorded under Section 180 of the BNSS, this court finds there was matrimonial discord between the parties as such, this is a fit case for granting anticipatory bail to the petitioner as there is no need for custodial interrogation/detention. 4. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Abhijit Sarkar is allowed. 5. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. In the event the petitioner fails to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 2 7. The application for anticipatory bail is, thus, disposed of. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 9. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. ) 3