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Calcutta High CourtCRM (A)/2008/2023dismissed as rejected

Sukhen Hira v. State Of West Bengal

2023-05-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 2008 of 2023 16.05.2023 Sl.20 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sessions Case No.181/2022 arising out of Haringhata Police Station Case No.68 of 2022 dated 18.03.2022 under Sections 448/354/324/325/307/506/34 of the Indian Penal Code, 1860.

And In the matter of: Sukhen Hira ....petitioner.

Mr. Sandip Ray Mr. Hiranmoy Debnath Ms. Polly Banerjee ... for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Ms. Sonali Das ...for the State.

Petitioner renews the prayer for anticipatory bail. The only circumstance which the petitioner contends to be change in circumstance is the education that the petitioner seeks to undertake.

The petition is bereft of material particulars so far as the education that the petitioner seeks to pursue or is pursuing. However, on instructions, learned Advocate appearing for the petitioner relies upon certain documents relating to the education that the petitioner is pursuing.

The documents sought to be relied upon with regard to the education that the petitioner seeks to pursue, are not change in circumstances. They were available at the time when the first application for anticipatory bail was rejected. Nothing new transpired subsequent to the earlier rejection. Moreover, subsequent to the first order of rejection, police

applied for and obtained proclamation and warrant of attachment as against the petitioner.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 2008 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)