09.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.648 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2949 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, 1973filed in connection with Khardah Police Station Case No. 348 of 2026 dated 28.06.2026 under Sections 115(2)/3(5)/308(5)/351(3)/61(2) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 4588/2026). And In Re : Tapas Guha ... Petitioner. Mr. Kajal Mukherjee, Mr. Bikash Chakraborty, Mr. Sudeepto Kumar Basu ... For the Petitioner. Mr. Subhabrata Chowdhury, Mr. Anurag Sardar ... For the State. Learned advocate appearing for the petitioner submits that after about six months of the incident, a complaint was lodged after change of administration and petitioner has been implicated in the present criminal case. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that custodial detention of the present petitioner is warranted. I have taken into account the totality of the circumstances. The case has been registered for more than two months. It is only the documents which have been tendered by the complainant have been accepted by the investigating agency. However, having regard to the overall circumstances, I am of the opinion that although the investigation of the case would continue, but custodial detention of the present petitioner in connection with the 2 instant case is unwarranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Tapas Guha 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. As the investigation of the case is still in progress, the petitioner shall report to the Investigating Officer of the case within a period of ten days from date and thereafter on all subsequent dates fixed by the Investigating Officer, if required for the sake of investigation, till the report in final form is submitted before the jurisdictional court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2949 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.)