Abul Hossain @ Abol Hossain v. State Of West Bengal

SL. 71 26.05.2022 Court No. 05 S Das/AJ CRM (A) 2419 of 2022 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 23.05.2022 in connection with Samsherganj Police Station Case No. 424 of 2021 dated 28.12.2021 under Sections 326/307/34 of the Indian Penal Code and adding Section 302 of the Indian Penal Code.

And In the matter of: Abul Hossain @ Abol Hossain. .... Petitioner.

Mr. Tapodip Gupta.

...for the petitioner.

Mr. Prasun Kumar Datta, Ld. A.P.P., Mr. Pratick Bose.

... for the State.

Learned Counsel appearing for the petitioners submits that the other accused persons for the same offence are on bail. It is further contended that the petitioner is aged about 75 years and, as such, may be shown the leniency of being granted anticipatory bail.

However, it is found from the records, as fairly pointed out by learned Counsel for the petitioner and corroborated by learned Counsel for the State, that a co-ordinate Bench of this Court, vide order dated 8th March, 2022 in CRM (A) 1115 of 2022, had refused the petitioner's prayer for anticipatory bail. We find no change of circumstance in the meantime to entitle the petitioner to success in a second anticipatory bail application in such quick succession.

Accordingly, CRM (A) 2419 of 2022 is rejected.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)