Krishna Thapa v. State Of West Bengal

21.03.2022 Serial no. 107 [Dd] (Anticipatory bail Rejected) CRM (A) 772 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 63 of 2019 dated 01.03.2019 under Sections 447/427/436/34 of the Indian Penal Code.

-AndIn the matter of : Krishna Thapa ... ...Petitioner Mr. Suman Chakraborty, Advocate ... ... For the Petitioner Mr. Tanmay Kr. Ghosh, ld. SGA Mr. Arindam Sen, Advocate ... ...For the State Petitioner renews the prayer for anticipatory bail. Learned advocate appearing for the petitioner submits that one of the co-accused was granted anticipatory bail by the co-ordinate Bench on May 25, 2021 in CRM 1622 of 2021. In any event, the police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required.

Learned advocate appearing for the State submits that there is no material change in circumstances subsequent to the earlier order of rejection. The petitioner cannot claim parity with other co-accused who was granted anticipatory bail. Since such co-accused was released on anticipatory bail on gender and the involvement in the incident.

Considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of

rejection, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 772 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)