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Calcutta High CourtCRM (A)/4158/2022rejected

Enaul Sk v. State Of West Bengal

2022-09-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

14.09.2022 Serial no. 4-6 [Dd] (Anticipatory bail) (Rejected) CRR 3479 of 2022 with CRM (A) 4158 of 2022 + CRM (A) 1710 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 293 of 2021 dated 12.03.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Enaul Sk.

... ... Petitioner Mr. Mrityunjoy Chatterjee, Advocate ... ... For the Petitioner in CRM (A) 4158 of 2022 Mr. Amitabha Karmakar, Mr. Arup Kr. Bhowmick, Advocates ... ... For the Petitioner in CRM (A) 1710 of 2022 Mr. T. D. Nandy, Mr. Antarikhya Basu, Advocates ... ...For the State In Re : CRR 3479 of 2022 Court on its own Motion Vs Enaul Sk.

CRM (A) 1710 of 2022 is first in point of time. Such application was disposed of by an order dated April 13, 2022 granting anticipatory bail to the petitioner. Subsequently, the petitioner filed CRM (A) 4158 of 2022 claiming that he never thereafter filed any application for anticipatory bail including CRM (A) 1710 of 2022 in which he

was granted anticipatory bail by the order dated April 13, 2022.

Finding such contention, the Court issued a rule so far as the grant of anticipatory bail in CRM (A) 1710 of 2022. Since the petitioner claims that he never filed the CRM (A) 1710 of 2022, the order granting anticipatory bail to the petitioner on April 13, 2022 is cancelled.

All consequential steps taken on such basis are also cancelled.

CRR 3479 of 2022 is disposed of.

In re : CRM (A) 4158 of 2022 In the matter of : Enaul Sk.

... ... Petitioner Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4158 of 2022 is dismissed.

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