Nilufa Sk v. State Of West Bengal

09.08.2023 SL No. A 138 Court No.29 s.biswas C.R.M. (A) 2915 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No. 241 of 2021 dated 17.05.2021 under Sections 498A/302/34 of the IPC.

And In the matter of: Nilufa Sk.

....petitioner Mr. Ashok Das Mr. Asraf Mondal ...for the petitioner Mr. Saswata Gopal Mukherji, PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State

1. Heard learned Counsel for the parties.

2. On an earlier application for anticipatory bail moved by the present petitioner has already been rejected by order dated 07.10.2021 in CRM 4270 of 2021. The present petition on the ground of supervening circumstance is not maintainable, the basis of submission being filing of charge-sheet in the meantime and admission of the accused on regular bail.

3. Accordingly, the prayer for anticipatory bail is rejected.

4. The present application being CRM (A) 2915 of 2023 is dismissed.

5. However, if the petitioner being a lady appears before the competent court within 15 days from date with three days' advance notice to the concerned Public Prosecutor and moves application for bail, the same shall be disposed of on merit on the same day. The ground of parity if canvassed

shall be taken into consideration by the learned court below, while disposing of such bail application.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)