Arpita Dutta @ Garain v. State Of West Bengal And ORS.

04.05.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2006 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suri Police Station Case No. 325 of 2021 dated 19.08.2021 under Sections 465/468/471/420/34 of the Indian Penal Code, 1860. And In Re : Arpita Dutta @ Garain ...... petitioner Mr. Mrityunjoy Chatterjee Mr. Kaushik Dey Mr. Debapriya Samanta ....for the petitioner Mr. Saibal Bapuli Mr. Arani Bhattacharya ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the State submits that, the petitioner is guilty of suppression of material facts. The present application is the second application. The earlier application for anticipatory bail was rejected on March 15, 2022 passed in CRM (A) 1236 of 2022. The petitioner suppressed by material facts.

In the first paragraph of the present application, the petitioner claims that the present application for anticipatory bail is in first one and that the petitioner did not file any application in the Court below earlier. The petitioner refers to

an order dated February 16, 2022 passed by the Jurisdictional Court rejecting the prayer for anticipatory bail. The petition is affirmed by the father of the petitioner. There subsists an order dated March 15, 2022 passed in CRM (A) 1236 of 2022 rejecting the prayer for anticipatory bail of the petitioner.

The petitioner is, therefore, guilty of suppression of material facts.

Considering such conduct of the petitioner, it would be appropriate not only to reject the prayer for anticipatory bail but also put the petitioner on terms.

The petitioner will not be entitled to apply for bail either before this Hon'ble Court or before the Jurisdictional Court without annexing the documentary evidence of payment of cost arrested at Rs. 1 lakh to be paid to the the West Bengal State Legal Services Authority, Kolkata.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 2006 of 2022 is dismissed.

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