Bapi Sarkar v. State Of West Bengal

02.02.2021 Item no.98 Court No.28 Avijit Mitra C.R.M. 6156 of 2020 (through video conference) with IA no. CRAN 1 of 2020 with IA no. CRAN 2 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Amdanga Police Station Case no.665 of 2019 dated 18.11.2019 under Sections 341/506/325/326/307/34 of the Indian Penal Code;

And In Re : Bapi Sarkar .... petitioner Mr. Younus Mondal ....for the petitioner Ms. Faria Hossain, Ms. Sonali Das ...... for the State Mr. Manas Kumar Das .....for the Defacto Complainant Records reveal that the present application being CRM 6156 of 2020 was rejected by an order dated 3rd September, 2020 observing that the same 'is a second application for anticipatory bail without any substantial change in circumstances'. A recalling application being CRAN 1 of 2020 has been filed in connection with CRM 6156 of 2020. Learned advocate appearing for the petitioner submits that on 3rd September, 2020 the video link was not communicated and he was not heard.

Heard the learned advocates appearing for the respective parties and considered the materials on record. The fact that the application being CRM 6156 of 2020 was a second application for anticipatory bail could not be disputed by the petitioner and as such we are not inclined to recall the earlier order dated 3rd September, 2020. Accordingly, CRAN 1 of 2020 is dismissed.

In view thereof, no further order is required to be passed in the application for joint compromise being CRAN 2 of 2021 and the same is disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)