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Calcutta High CourtCRM (A)/1647/2026dismissed as not maintainable

Avijit Rajbanshi v. State Of West Bengal And ANR

2026-06-18Hon'Ble Justice Jay Sengupta2 pages

18/06/2026 D/L - 32 Court No.28 S. Kundu C.R.M.(A) 1647 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Balagarh P.S case no. 376 of 2025 dated 04/08/2025 under Sections 126(2)/115(2)/118(2)/109/76/352/351(2)/3(5) of the BNS.

In the matter of: Avijit Rajbanshi

...Petitioner.

Mr. Sayan Banerjee Mr. Manoj Adak ...for the petitioner.

Mr. Bhaskar Seth ...for the State.

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Learned counsel appearing on behalf of the petitioner submits that this is a second application for anticipatory bail. The change in circumstance is that the some other co-accused are on bail.

3. Learned counsel appearing for the State relies on the case diary and strongly opposes the prayer for anticipatory bail. He submits that after hearing the parties and perusing the case diary, the application for anticipatory bail of the petitioner was rejected on 17/11/2025 by this Court in CRM (a) 3565 of 2025, wherein it was recorded that the incriminating materials available in the case diary showed deep cut injuries, fracture injuries and rupture of veins caused by a chopper. Considering the

role ascribed to the present petitioner, anticipatory bail was rejected. Bail would be granted to an accused at some point of time. However, this can hardly be a sufficient ground for entertaining a second application for anticipatory bail.

4. Considering the above and the fact that the present application is a second application for anticipatory bail without there being any substantial change in material circumstance, the second application for anticipatory bail is dismissed as not maintainable.

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

(Jay Sengupta, J.)