Abu Taher v. State Of West Bengal

23.03.2022 Serial no. 57 [Dd] (Anticipatory bail Rejected) CRM (A) 907 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ketugram Police Station Case No. 75 of 2021 dated 21.02.2021 under Sections 302/120B of the Indian Penal Code. (GR Case No. 171/2021) -AndIn the matter of : Abu Taher ... Petitioner Mr. Imtiaz Ahmed Mr. G. Firdaus, Mr. Mufakkerul Islam, Mr. Shaila Afrin Sk. Saidullah, Mr. Shibashish Banerjee, Advocates ... For the Petitioner Mr. Neguive Ahmed, ld. APP Ms. Trina Mitra, Advocate ... For the State Petitioner seeks not to press the application. The application was taken up for consideration yesterday when it was pointed out on behalf of the learned Additional Public Prosecutor that there is a suppression of material fact in the application.

The petitioner approached this Hon'ble Court for anticipatory bail by way of CRM 7407 of 2021 dated December 17, 2021, which was rejected. This fact was drawn the attention of the learned advocate for the petitioner yesterday. Adjournment was sought for on behalf of the petitioner which was granted. In such circumstances, the prayer for not pressing the application cannot be accepted.

In view of the conduct of the petitioner in suppressing the material fact and trying to obtain an order

anticipatory bail on such basis, the petitioner should be put on terms.

It would be appropriate that the petitioner pays costs assessed at Rs.1,00,000/- to the West Bengal State Legal Aid Services Authority, Kolkata. No further application for anticipatory bail or for bail will be entertained till such time the same is accompanied by documentary evidence of document of payment of such costs.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 907 of 2022 is dismissed.

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