Sk Irsad @ Sk Irshad Ali v. State Of West Bengal
18.05.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2202 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station case No. 243 of 2019 dated 19.07.2019 under Sections 341/323/325/308/354B/506/34 of the Indian Penal Code.
And In Re : Sk. Irsad alias Sk. Irshad Ali ...... petitioner Mr. Siddhartha Sarkar ....for the petitioners Mr. T. D. Nandy Mr. Antarikhya Basu ....for the State Petitioner renews the prayer for anticipatory bail. The prayer for anticipatory bail was rejected on November 21, 2019 passed in CRM 10818 of 2019. The police filed charge-sheet subsequent thereto.
Filing of charge-sheet, ipso facto, cannot be treated as a substantial alteration of the circumstances for reconsidering the prayer for anticipatory bail particularly in view of the finding returned by the Coordinate Bench on November 21, 2019. Consequently, we are unable to grant anticipatory bail to the petitioner.
Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 2202 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)