11. 01-10-2026 (ct. no.34) (allowed) debajyoti IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction CRM(A) 3441 of 2026 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Bantra Police Station Case No.137 of 2026 dated 07-09-2026 under Sections 318(4)/316(2)/ 351(2) of the Bharatiya Nyaya Sanhita. - A n d - In the matter of : Ashim Kumar Ghosh .... Petitioner. Mr. Swapan Banerjee, Adv., Mr. Mayukh Mukherjee, Adv., Mr. Kunal Ganguly, Adv., Mr. Koustav Banerjee, Adv. … For the Petitioner. Mr. Subhabrata Chowdhury, Adv., Mr. Shivam Mishra, Adv. … For the State. Mr. Sumanta Chakraborty, Adv., Ms. Dhriti Das, Adv. … For the defacto complainant. 1. Apprehending arrest in connection with Bantra Police Station Case No.137 of 2026 dated 07-09-2026, this application has been filed by the petitioner with a prayer for anticipatory bail. 2. The dispute pertains to non-payment of business loan taken by the present petitioner as alleged in the complaint. The commercial business transaction was in existence between both the defacto complainant and the present petitioner and an amount of loan of Rs.42,50,000/- was transferred in the account of the present petitioner. According to the present petitioner, he has paid more than 2 Rs.38,00,000/- out of the said amount which has been disputed by the complainant. 3. Over the selfsame cause of action, another complaint has been lodged before the Memary Police Station against the present petitioner being Memary Police Station Case No.830 of 2026 dated 23-09-2026 and in connection with the same, the petitioner surrendered and obtained an order of bail. 4. On behalf of the prosecution, objection has been raised as the petitioner did not turn up despite receiving notice under Section 35(3) of the BNSS. However, the learned advocate for the petitioner admitted that the other proceeding is pending before the Memary Police Station over the selfsame cause of action. 5. Having heard the submissions of the learned advocates for the petitioner, the State and the defacto complainant and considering the facts and circumstances of the case and the materials on record and the nature of allegation levelled and further that a civil suit is also pending between the parties, this Court does not find that the custodial interrogation of the present petitioner is necessary. Accordingly, the petitioner is entitled to an order of anticipatory bail, as prayed for. 6. Accordingly, in the event of arrest, the petitioner, namely, Ashim Kumar Ghosh, shall be released on bail upon furnishing a bond of Rs.30,000/- (Rupees Thirty Thousand), with two sureties of Rs.10,000/- (Rupees Ten Thousand) each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner shall abide by the conditions laid down in Section 482(2) of the BNSS. Further, the petitioner shall appear before the Investigating Officer once in a week or as and when called for and shall also cooperate with the investing agency. 3 7. In the event the petitioner failed to adhere to any of the conditions stipulated above, the learned court will be at liberty to cancel the anticipatory bail without further reference of this Court. 8. The application for anticipatory bail is, thus, allowed. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. [Chaitali Chatterjee (Das), J.]