Asanur Islam@Rentu Mondal v. State Of West Bengal

CRM 932 of 2021 g.b.

24.05.2021 Court No.28 Dismissed In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Asanur Islam @ Rentu Mondal Petitioner Mr. Kaustav Shome Mr. Niladri Sekhar Ghosh Mr. Tapodip Gupta For the Petitioner Mr. Rana Mukherjee Mr. Gautam Wilson Mr. Suman Saha For the State Apprehending arrest in connection with Domkal Police Station case no. 229 of 2020 dated 10.05.2020 under Sections 147/148/149/307/120B of the Indian Penal Code and Sections 25(i)(a) of the Arms Act and Sections 3/ 4 of the Explosive Substances Act, the present application has been preferred. Mr. Ghosh, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. When he approached this Court earlier through an application being C.R.M. 8485 of 2020, his name was wrongly typed as Asanur Islam @ Rentu Mondal. Such fact was not properly considered and the petitioner's prayer for anticipatory bail was rejected. Mr. Mukherjee, learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail and submits that this is the third application for anticipatory bail and there

had been no change in the facts and circumstances after the last rejection order was passed.

From the order dated 9th December, 2020 passed in C.R.M. 9629 of 2020 it appears that the petitioner's argument as advanced today was dealt with by the Hon'ble Court while rejecting the petitioner's prayer for anticipatory bail. In our opinion there had been no substantial change in the facts and circumstances of the case due to any subsequent event and in view thereof, we are not inclined to exercise any discretion in favour of the petitioner.

Accordingly, the application for anticipatory bail being C.R.M. 932 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Bibek Chaudhuri, J.) (Tapabrata Chakraborty, J.)