Calcutta High CourtCRM/4099/2021rejected

Sanup Pratihar And ORS. v. State Of West Bengal

2021-08-12Hon'Ble Justice Harish Tandon,Hon'Ble Justice Bibek Chaudhuri2 pages

CRM 4099 of 2021 12.08.2021 Court No. 28 Item No. PB - 05 nandy In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 15.06.2021 in connection with Pursurah Police Station Case No. 117 of 2020 dated 07.07.2020 under Sections 341/323/325/307/379/504/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. (G.R. Case No. 1816 of 2019) and In the matter of: Sanup Pratihar & Ors.

...... Petitioners Mr. Niladri Sekhar Ghosh, Advocate ...... for the Petitioners Mr. Arijit Ganguly, Advocate Mr. Sanjib Kumar Dan, Advocate ...... for the Petitioners (antibail - rejected) Apprehending arrest in connection with Pursurah Police Station Case No. 117 of 2020 dated 07.07.2020 under Sections 341/323/325/307/379/504/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act, the petitioners have filed the instant application for anticipatory bail.

The learned Advocate for the petitioners in his usual fairness submits that the petitioner nos. 2 & 3 have been arrested amidst the pendency of the instant application and, therefore, the application for anticipatory bail has become infructuous so far as the petitioner nos. 2 and 3 are concerned. Accordingly, the application for anticipatory bail with regard to petitioner nos. 2 & 3, namely Jyoti Prakash Ghosh & Anup Bhandari, is dismissed as infructuous. However, the learned Advocate for the petitioner moved

the application for anticipatory bail in respect of the petitioner no. 1.

After perusing the materials available on record, we find the earlier application for anticipatory bail being CRM 8130 of 2020 was rejected on October 20, 2020. We do not find any changed circumstances warranting any different decision to be taken in the instant application.

Accordingly, the prayer for anticipatory bail in respect of petitioner no. 1, namely Sanup Pratihar is rejected. The application for anticipatory bail being CRM 4099 of 2021 is thus dismissed.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)