Gita Debnath v. State Of West Bengal

16.09.2020 Item No.53 Court No.08 Dc/Aj.

C.R.M. 6627 of 2020 C.R.A.N. 1 of 2020 (Through Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Women P.S. Case No. 89/19 dated 26.11.2019 under Sections 498A/306/34 of the Indian Penal Code (G.R. No. 524/19).

And In the matter of : Gita Debnath. ... Petitioner. Mr. Prosenjit Mukherjee, Ms. Madhurima Sarkar, Mr. S. Chakraborty. ... For the Petitioner. Mr. Tapan Bhattacharya. ... For the State. Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Learned counsel appearing on behalf of the petitioner submits that the only change in circumstance which prompted him to file second application for anticipatory bail is that charge-sheet has been submitted in this case. Submission of charge-sheet is a natural consequence of a case. Moreover, charge-sheet has been submitted under the same sections under which the FIR was registered. Accordingly, there was no change in circumstance to warrant the second application for anticipatory bail. In view of the same, the application for anticipatory bail is rejected as not maintainable.

C.R.M. 6627 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Jay Sengupta, J. ) ( Soumen Sen, J. )