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Calcutta High CourtCRM (A)/399/2026dismissed as not maintainable

Jenarul Islam v. State Of West Bengal And ANR

2026-02-23Hon'Ble Justice Jay Sengupta2 pages

AD 35 February 23, 2026 Ct. 28 SG CRM(A) 399 of 2026 An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur P.S. Case No.542 of 2025 dated 11.08.2025 under Sections 329(4)/115(2)/64(1)/324(4)/351

(2) of the BNS, 2023.

And In the matter of:

Jenarul Islam ... petitioner Mr. Dipanjan Chatterjee Ms. Aritry Ghoshal Ms. Titli Sardar Ms. Anshu Shaw ... for the petitioner Mr. D. Chatterjee Ms. Sujata Das ... for the State Learned counsel for the petitioner submits that the petitioner's application for anticipatory bail was rejected by this Court earlier on 09.12.2025 in CRM(A) 3713 of 2025. However, subsequently a compromise has been arrived at between the private parties. He relies on a letter given by the alleged victim to that effect.

Learned counsel for the State strongly opposes the prayer for anticipatory bail and submits that there are incriminating materials present in the case diary so far as the role of the present petitioner is concerned. Upon hearing the parties, this Court had rejected the application for anticipatory bail earlier. There is no material change in circumstance so as to warrant entertaining a second

application for anticipatory bail. In any event, serious offences like murder, rape, attempt to rape, dacoity, grievous hurt and the like cannot be compromised or settled between the private parties. Investigation is going on. Considering the above, the other materials available in the case diary and the fact that there is no material change in circumstances warranting the entertainment of the second application for anticipatory bail, the second application for anticipatory bail is dismissed as not maintainable. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)