14.09.2026 Court No.35. D/L. 8. Kausik (Allowed) CRM (A) 2936 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Serampore Police Station Case No. 547 dated 08.09.2025 under Section 316(4) of the BNS, 2023. And In the matter of : Susmita Dasgupta ……Petitioner. Ms. Sangita Das Mr. Shobhon Majumder ……for the Petitioner. Mr. Amitabrata Ghosh Ms. Arpita Paul Biswas Mr. Buddhadeb Chatterjee ….for the defacto complainant. Mr. Subhas Chandra Saha Mr. Bankim Pal ….for the State. Learned advocate appearing for the petitioner submits that the case was instituted after the petitioner left the job. The accusations are relating to money and gold ornaments being removed. Petitioner submits that pursuant to the direction passed by this Court, petitioner went and met the investigating officer. State has submitted a report. 2 There are grievances of the State for non-cooperating with the investigating officer of the case but it remains that the petitioner had been to the police station and interacted with the investigating officer concerned. Learned advocate for the defacto complainant submits that there has been threat by the accused/petitioner in this case for foisting a criminal case upon the defacto complainant. Be that as it may, having regard to the fact that the case was initiated under Section 316(4) of the BNS and petitioner is available before the investigating officer, I am of the opinion that custodial detention of the present petitioner who happens to be a lady is not warranted. Accordingly, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner, namely, Susmita Dasgupta be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioner shall provide his address to the investigating officer and make herself available as and when required by the investigating officer concerned for the sake of investigation. In case petitioner changes her residence, petitioner shall inform the same to the police station. In the alternative, 3 the investigating officer would be at liberty to take harsh steps in accordance with law. Accordingly, CRM (A) 2936 of 2026 is allowed. Memo of Evidence submitted be kept with the record. All parties shall act in terms of server copy of the order 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.)