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Calcutta High CourtCRM (A)/5808/2022dismissed

Meherajul Middya @ Miru Middya v. State Of West Bengal

2022-12-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5808 of 2022 15.12.2022 Sl.8 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with GR Case No.868 of 2021 arising out of Jangipara Police Station Case No.106 of dated 22.05.2021 under Sections 147/148/149/186/332/333/307/353/427 of the Indian Penal Code and Section 9 of Maintenance of Public Order and Sections 3/4 of Explosive Substances Act and Section 4 of the Prevention of Damage to Public Property Act.

And In the matter of: Meherajul Middya @ Miru Middya ....petitioner.

Mr. Sujan Chatterjee ...for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sunder Chatterjee ...for the State.

This is second application for anticipatory bail. Learned Advocate appearing for the State submits that prayer for attachment was made and such application is pending before the jurisdictional Court.

There is no change in circumstances subsequent to the earlier order of rejection.

There is a statement in the first paragraph of the present application stating that the present application is the first application for anticipatory bail and no such other application is pending or rejected before any Court of law in the country. The prayer for anticipatory bail was rejected on November 30, 2021 passed in CRM 7693 of 2021.

In view of the petitioner making a false statement knowing the same to be false, the police will initiate proceedings against the deponent of the present application as well as the petitioner for making false statement knowing the same to be false forthwith. Consequently, we are unable to grant anticipatory bail to the

petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 5808 of 2022 is dismissed.

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