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Calcutta High CourtCRM (A)/2507/2025rejected

Milan Mulla @ Mandal And ANR. v. State Of West Bengal

2025-08-12Hon'Ble Justice Jay Sengupta1 pages

12.08.2025 Sl. No.32 NB C.R.M. (A) 2507 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kumarganj P.S. Case No.252 of 2024 dated 28.08.2024 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act.

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And In the matter of: Milan Mulla @ Mandal & Anr. ... petitioners Mr. Rakesh Jana.

...for the petitioners.

Mr. Madhusudan Sur, Mr. Bikram Mitra.

...for the State.

Mr. Pawan Kumar Gupta, Ms. Sofia Nesar, Mr. Santanu Sett.

...for the de facto complainant.

Mere filing of charge sheet over the same provisions as contained in the FIR is not a change in circumstance so as to maintain a second application for anticipatory bail. This is a second application for anticipatory bail without there being any material change in circumstance.

Accordingly, the application for anticipatory bail being C.R.M. (A) 2507 of 2025 is dismissed as not maintainable. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)