Md Sainul Sk @ Saminur Sk v. State Of West Bengal

C.R.M. (A) 4170 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Malda Police Station Case No. 359 of 2020 dated 29.06.2020 under Sections 21/29 of the NDPS Act read with Sections 18(b)/27 of Drugs and Cosmetics Act.

And In the matter of: Md Sainul Sk @ Saminur Sk ....petitioner.

Mr. Sandip Dinda ...for the petitioner.

Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ...for the State.

13.10.2023 SL. 13 Court No. 29 Suvayan (Rejected)

1. Heard learned Advocate for both the parties.

2. This is a third application for anticipatory bail by the petitioner after refusal of the relief on two earlier occasions by this Court. This application has been moved on the ground that in the meantime some of the co-accused persons have already been released on bail on the ground of delay in trial.

3. This petitioner being still at large even after rejection of the prayer for anticipatory bail on two earlier occasions has done much harassment and disturbance to the process of justice inasmuch as the commitment has been split up for this petitioner and the Court has to take a second trial for the inadvertence and protracted tactics adopted by the present petitioner.

4. While rejecting the prayer for bail on the ground of absence of supervening circumstance, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

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

6. The application being CRM (A) 4170 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)