17.09.2026 Sl. No. - 8 Court No.35 Rohan (Partly Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 2944 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 474 of 2026 dated 06.05.2026 for the offences punishable under Sections 318(4)/316(2) of the Bharatiya Nyaya Sanhita, 2023. -And- In the matter of: Bharati Bhattacharjee & Ors. …Petitioners Mr. Dipankar Dandapath Mr. Biswaroop Biswas Mr. Pradip Kumar Ghosh …for the Petitioners Mrs. Arushi Rathore Mr. Ayan Mitra …for the State 1. Learned advocate appearing for the petitioners submits that at the time when the agreement was entered, the flat was under construction. Subsequently, the flat has been constructed and on completion, there were extra areas which were available. There is a dispute insofar as that extra area is concerned. As such, the property has not been transferred in favour of the complainant. 2. Learned advocate for the State opposes the prayer for anticipatory bail. 3. Attention of the Court has been drawn to the relevant materials. However, having regard to the fact that petitioner Nos. 1 and 3 are 2 ladies, only on that ground, I am inclined to grant anticipatory bail to the petitioner Nos. 1 and 3. 4. So far as the petitioner No. 2 is concerned, I am not inclined to allow the prayer for anticipatory bail. 5. As such, the prayer for anticipatory bail of the petitioner Nos. 1 and 3, namely, Bharati Bhattacharjee and Kasturi Bhattacharjee is allowed. 6. So far as the petitioner No. 2, namely, Bishnupada Bhattacharjee is concerned, the prayer for anticipatory bail is rejected. 7. As such, I direct that in the event of arrest, the petitioner Nos. 1 and 3 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. 8. Petitioner Nos. 1 and 3 shall make themselves available to the Investigating Officer as and when called for. 9. With the aforesaid observation, C.R.M. (A) 2944 of 2026 is disposed of. 10. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 3 11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)