28.08.2026 Serial no. 04 [Srimanta] Ct. No. – 39 Rejected CRM (A) 1946 of 2026 In re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with G. R. Case No. 535/2026 arising out of Girish Park Police Station Case No. 73/2026 dated 01.06.2026 under Sections 315/316(2)/61(1) of Bharatiya Nyaya Sanhita, 2023 pending before the Learned C.J.M., Kolkata. -And- In the matter of : MOUSUMI BALTI & ANR. … … Petitioners. Mr. Pawan Kumar Gupta, Mr. Santosh Ojha, Ms. Sofia Nesar, Mr. Santanu Sett, Advocates … … For the Petitioners. Mr. Kalidas Saha, Mr. Sanjib Das, Advocates … …For the State. Mr. Anand Keshri, Mr. Arindam Chandra, Mr. Atish Ghosh, Ms. Antara Dey,Advocates ……For the De Facto Complainant. 1. Report, filed in Court today, be kept with the record. 2. Learned Counsel appearing on behalf of the petitioners submits that the petitioner no. 1 is the wife of the goldsmith, namely, Raju Balti, who was assigned a job for the manufacture of gold ornaments of different varieties in bulk on the recommendation of Bangiya Swarna Shilpi Samiti. Total gold involved was 2146.000 gms. Petitioner no. 2 is the nephew of the Raju Balti. Both petitioners are innocent and have been falsely implicated in this case. On 2 the date of death of Raju Balti, who committed suicide, the Bangiya Swarna Shilpi Samiti, along with others, came to the hospital, and took petitioner no. 1 to the shop of Raju Balti, from where 946.010 gms (24k) was recovered in the presence of witnesses and the entire recovery was under video recording. They further visited the residence of Raju Balti, but nothing was recovered. The pen drive as well as the list of recovered gold items were handed over during compliance of notice issued under Section 35 of the BNSS. Petitioners have also complied with the notice issued under Section 35 of the BNSS by the Investigating Agency on three occasions. They pray for anticipatory bail on any terms and conditions. 3. Learned Advocate appearing for the de facto complainant submits that 2146 gms. of gold was handed over to Raju Balti for manufacturing the gold ornaments, and he had to deliver the gold ornaments by 23rd April, 2026, however, in the meantime, he committed suicide. It is true that some of the gold was recovered from the shop of Raju Balti; however, more than 1 kg of gold is yet to be recovered. Therefore, he opposes the prayer for anticipatory bail of the petitioners. 4. Learned Counsel appearing on behalf of the State produces the report as well as case diary and submits that from the CCTV footage, sufficient materials were collected to indicate that Raju Balti had taken seven big packets of gold jewellery on 21.04.2026 to his residence. So, some gold is still yet to be recovered. Therefore, their anticipatory bail, if granted by this Court, will hamper the entire investigation. He opposes the prayer for anticipatory bail of the petitioners. 5. Having heard the submission of the respective parties and on perusal of the report submitted by the Investigating Officer and other statements recorded under Section 180 of 3 the BNSS and considering that the investigation is still in progress, this Court does not find this is a fit case for allowing anticipatory bail. 6. The application for anticipatory bail being CRM(A) 1946 of 2026 is, thus, rejected. 7. All concerned parties shall act on the server copies of this order duly downloaded from the official website of this Court. 8. Concerned Department is directed to supply urgent certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)