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Calcutta High CourtCRM (A)/4028/2025dismissed as not maintainable

Hirak Bisws v. State Of West Bengal

2025-12-22Hon'Ble Justice Jay Sengupta2 pages

22.12.2025 Court No.28 Item No.43 tbsr CRM (A) 4028 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Cr.P.C, 1973 in connection with Nimta P.S. Case No.78 of 2025 dated 25.02.2025 under Sections 66(C)/66(D)/66(E) of the Information Technology, 2008 and Sections 351(3)/74/79 of the BNS, 2023.

And In the matter of: Hirak Biswas ....Petitioner.

Mr. Apalak Basu Mr. Nazir Ahmed Ms. Sarnali Gupta Mr. S. Kanjilal ....for the petitioner.

Mr. Anupam Dasadhikari Mr. Sarthak Mandal .....for the State.

This is a second application for anticipatory bail. After the first application before this Court was not pressed, the petitioner had moved before the Sessions Court.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail on the ground that a second application for anticipatory bail, in the absence of any material change in circumstances, is not entertainable.

It appears that on 21.08.2025 the application for anticipatory bail was not pressed in CRM (A) 2891 of 2025. A written instruction to that effect was also filed in Court.

It appears that no liberty was granted to move second application.

In view of the above, the second application for anticipatory bail without there being any material change in circumstance is dismissed as not maintainable.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)