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2026 DAILYLAW 41134 (CAL)

DEBASISH BAURI AND ANR v. STATE OF WEST BENGAL

CRM (A)/2973/2026 · 2026-09-17

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 D/L 16 17.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (A) 2973 of 2026 Debashish Bauri & Anr. Vs The State of West Bengal In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 438 of the Code of Criminal Procedure, 1973 arising out of Saktigarh Police Station Case No. 329 of 2025 dated 02.12.2025 under Sections 318(4) of the BNS, 2023 And In the matter of : 1. Debashish Bauri 2. Anita Bauri ……Petitioners. Mr. Pawan Kr. Gupta Mr. Subhadeep Pramanik Ms. Sofia Nesar Mr. Santanu Seth …for the Petitioner Mr. Subrata Mukherjee Ms. Anita Pandey …for the State 1. Learned Advocate appearing for the petitioners submits that there was a difference which escalated to a criminal case. Subsequently, the amount which has been stated in the FIR has already been refunded to the complainant. 2. Learned Advocate for the State opposes the prayer for anticipatory bail and submits that the report which has been placed by the police authorities reflect that the amount has been returned. 2 3. Having considered the change of circumstances I am inclined to allow the prayer for anticipatory bail of the petitioners. 4. As such, I direct that in the event of arrest, the petitioners, namely, 1. Debashish Bauri 2. Anita Bauri be released on bail by the Investigating Officer/arresting officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. As the investigation of the case is in progress, petitioner no.1 shall make himself available before the Investigating Officer within a period of ten days from the date of the order and shall subsequently follow the Investigating Officer as and when called for till the report in final form is submitted before the jurisdictional Court. 6. Accordingly, CRM (A) 2973 of 2026 is allowed. 7. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court. 8. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)