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Calcutta High CourtCRM (A)/3776/2025rejected as not maintainable

Mijanur Mondal And ORS. v. State Of West Bengal

2025-12-17Hon'Ble Justice Jay Sengupta2 pages

AD 2 December 17, 2025 Ct. 28 SG CRM(A) 3776 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hasnabad P.S. Case No.491 of 2025 dated 05.09.2025 under Sections 61(2)/316(5)/318(4)/336(2)(3)/340(2)/3(5) of the BNS and Section 3/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

And In the matter of:

Mijanur Mondal and others ... petitioners Mr. A. Karmakar ... for the petitioners Mr. Antarikhya Basu Ms. Rajashree Tah ... for the State Report filed by the State is taken on record. Learned counsel for the State submits that although initially the FIR in question was registered under the provisions of the BNS and Section 3/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, subsequently a prayer was made to add Section 3(2) of the WBPIDFE Act, 2013. The same has now been added in the array of charges. As per Section 21A of the said Act, an application for anticipatory bail is specifically barred. In view of the bar contained in Section 21A of the WBPIDFE Act, 2013, the application for anticipatory bail is rejected as not maintainable.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)