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Calcutta High CourtCRM (A)/593/2026dismissed as not maintainable

Saderul Sk. v. State Of West Bengal And ANR

2026-03-11Hon'Ble Justice Jay Sengupta1 pages

11.03.2026 Court No.28 Item No.38 ssi CRM (A) 593 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Lalgola Police Station Case No. 641 of 2025 dated 14.07.2025 under Sections 329 (4)/115(2)/74/64 (1)/62/3(5) of the BNS.

And In the matter of: Saderul Sk.

.... Petitioner Mr. Asim Kumar Chakraborti ...for the petitioner Ms. Shaila Afrin Mr. Debanik Das ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits that this is a second application for anticipatory bail filed on the changed circumstance that charge sheet has been submitted. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She submits that the charge sheet has been submitted under the same provisions as were contained in the FIR.

A submission of charge sheet is a natural consequence of the initiation of a criminal proceeding. Only if a charge sheet is submitted under lesser charges, can there be a question of entertaining a second application for anticipatory bail.

Considering the above, the second application for anticipatory bail without there being any material change in circumstance, is dismissed as not maintainable.

(Jay Sengupta, J.)