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Calcutta High CourtCRM (A)/3870/2023rejected

Chandan Sahoo @ Chandan Sau And ORS v. State Of West Bengal

2023-09-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3870 of 2023 21.09.2023 ML. 262 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dantan Police Station Case No. 89 of 2019 dated 19.03.2019 under Sections 143/148/333/353/307/427/506 IPC and Section 3 of the PDPP Act (corresponding to G.R. Case No. 139 of 2023). And In the matter of: Chandan Sahoo @ Chandan Sau & Ors. ....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. Madhusudan Sur, Ld. APP Mr. Dipankar Paramanick ...for the State.

1. Heard learned Counsel for the parties.

2. The instant application for anticipatory bail has been preferred for the second time basically on the ground of parity whereby one co-accused was enlarged on anticipatory bail by the co-ordinate Bench. Such fact being not a supervening circumstance for entertaining the instant application for anticipatory bail for the second time.

3. We are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioners.

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

5. The application being CRM (A) 3870 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)