Calcutta High CourtCRM (A)/1213/2026dismissed as not maintainable

Hillal Sekh v. State Of West Bengal

2026-04-30Hon'Ble Justice Jay Sengupta2 pages

AD 21 April 30, 2026 Ct. 28 SG CRM(A) 1213 of 2026 An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ketugram P.S. Case No.216 of 2024 dated 13.05.2024 under Sections 341/307/302/506/34 of the IPC. And In the matter of: Hillal Sekh ... petitioner Mr. Shyam Manohar ... for the petitioner Ms. Shaila Afreen Ms. Smita Saha ... for the State Learned counsel for the petitioner submits that this is a second application for anticipatory bail. The change in circumstance is that another person standing on a similar footing has been granted anticipatory bail by a Coordinate Bench of this Court. The petitioner was not named in the FIR. He has been falsely implicated in this case due to political reasons. Moreover, there is a delay of about a day in lodging the FIR.

Learned counsel for the State opposes the prayer for anticipatory bail and submits that, on merits, there is a statement of an injured victim recorded before the learned Magistrate taking the name of the petitioner as one of the assailants. She refers to the post-mortem report and other statements of witnesses. Moreover, there is no material change in circumstance for entertaining a second application for anticipatory bail. Grant of anticipatory bail to a co-

accused is not a change in circumstance for entertaining a second application.

It appears that on merits, there are incriminating materials available in the case diary against the present petitioner.

That apart, this Court had earlier rejected the petitioner's application for anticipatory bail after hearing the parties and perusing the case diary on 10.11.2025 in CRM(A) 3329 of 2025.

I do not find any material or substantial change in circumstance to entertain a second application for anticipatory bail.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)