Kishan Chhaochharia v. State Of West Bengal

AD 8 May 23, 2025 Ct. 28 SG CRM(A) 1674 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lake Town P.S. Case No.217 of 2021 dated 26.08.2021 under Sections 498A/325/307/406/506/34 of the IPC.

And In the matter of:

Kishan Chhaochharia ... petitioner Mr. Shiv Shankar Banerjee Mr. Abhishek Chakraborty Mr. Rajendra Kumar Nandi ... for the petitioner Ms. Manisha Sharma Mr. Santanu Talukdar ... for the State Mr. Phiroze Edulji, Sr. Adv.

Mr. Debanjan Bhattacharjee Mr. Rohan Ojha ... for the de facto complainant Learned counsel for the petitioner submits that the second application for anticipatory bail is maintainable as there is a change in circumstance as a charge-sheet has now been filed in this case. It does not appear that the charge-sheet has omitted any provision as contained in the FIR.

Submission of charge-sheet is a natural consequence of initiation of a criminal proceeding. This cannot be termed as a material change in circumstance so as to entitle an accused to pray for anticipatory bail for the second time.

Accordingly, the second application for anticipatory bail filed without any material change in circumstance, is rejected. (Jay Sengupta, J.)