Extracted from the PDF above. The PDF is authoritative.
31.08.2026
IN THE HIGH COURT AT CALCUTTA Item No.98
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. partly allowed C.R.M. (A) 2852 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tarakeshwar Police Station Case No. 308 of 2026 dated 25.06.2026 under Sections 115(2)/127(2)/3(5)/ 308(2)/308(5)/316(2)/316(5)/318(4)/336(3)/351(2)/351(3)/ 352 of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 1354/2026). And
In Re : Uttam Kundu and another
... Petitioners. Mr. Milon Mukherjee, Sr. Adv., Mr. Joydeep Mukherjee, Mr. Gunjan Kumar Singh
... For the Petitioners. Mr. Priyankar Ganguly, Ms. Shalini Bairagi
... For the State. Learned senior advocate appearing for the petitioners, at the inception, submits that petitioner no.1 was arrested during the pendency of the application. As such, the prayer for anticipatory bail of the petitioner no.1 viz., Uttam Kundu is dismissed as not pressed. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail as the property was transferred in the name of petitioner no.2. I have taken into account the accusations. The accusations of the de facto complainant are to the effect that a sum of Rs.65,00,000/- was paid for purchase of a property on the demand of petitioner no.1 viz., Uttam Kundu and it is Uttam Kundu who transferred and/or registered the property in the name of his wife. Having regard to the overall
2 accusations, primarily I find that accusations are against the petitioner no.1 and name lender happens to be the petitioner no.2. Be that as it may, let the investigation of the case proceed, but having regard to the circumstances, I am of the opinion that custodial detention of the petitioner no.2, who is the lady, is unwarranted. As such, the prayer for anticipatory bail of the petitioner no.2 is allowed. Accordingly, in the event of arrest, the petitioner no.2 viz., Kuheli Kundu shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be 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 no.2 shall make herself available as and when required by the Investigating Officer of the case.
The application for anticipatory bail, being CRM (A) 2852 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)