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Calcutta High CourtCRM (A)/1211/2026dismissed

Dildar Guru v. State Of West Bengal

2026-04-28Hon'Ble Justice Jay Sengupta2 pages

28.04.2026 Court No.28 Item No.16 tbsr CRM (A) 1211 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhubulia P.S. Case No.636 of 2023 dated 11.12.2023 under Sections 20(b)(ii)(c) of the NDPS Act.

And In the matter of: Dildar Guru ....Petitioner.

Mr. Sumanta Das ....for the petitioner.

Mr. Arindam Sen Ms. Sayanti Santra .....for the State.

Learned counsel appearing on behalf of the petitioner submits that the first application for anticipatory bail was dismissed as not pressed by this Court on 22.01.2026. Actually, the petitioner could not annex certain documents. That is why he did not press the application. Other than the statement of a co-accused, there is no other incriminating material available against the petitioner. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She submits that the second application for anticipatory bail is not maintainable as there is no material change in circumstances. Moreover, there is no indication in the order dated 22.01.2026 passed in CRM(A) 4395 of 2025 that the application was not pressed for any particular reason. On merits, on the date of occurrence there are phone call conversations between the present petitioner and the principal co-accused. Moreover, the trial is practically at the verge of completion. The petitioner has remained an absconder for three years.

It is very surprising indeed that the police has not been able to apprehend the accused, despite the fact that the petitioner has remained an absconder for three years and in spite of the fact that his earlier application for anticipatory bail was dismissed by this Court as not pressed.

It appears that the trial against the other co-accused is practically at the verge of completion.

Considering the above, the second application for anticipatory bail of the petitioner is dismissed.

Let a copy of this order be sent to the concerned Superintendent of Police of the Krishnagar Police District for his information. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)