Asraful Miya@Ashraful Miah v. The State Of West Bengal And ANR

24.04.2025 (D/L 1) Ct. No.1 (Naba) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 167 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Sitai P.S. Case No. 201 of 2024 dated 05.10.2024 under Sections 64/351(2)(3) of the Bharatiya Nyaya Sanhita, 2023 and corresponding Sections are 376/506 of IPC and corresponding to G.R.(1) Case No. 688 of 2024.

And In the matter of : Asraful Miya @ Ashraful Miah ... Petitioner Mr. Sudip Guha, Mr. Sandip Guha Roy, Mr. Ananda Paul ... for the petitioner Mr. Ujjwal Luksom, Ms. Namrata Das ... for the State 1.

Heard the learned counsel for the petitioner and the learned State counsel.

2.

This is a second anticipatory bail application being moved by the petitioner. The petitioner's earlier anticipatory bail application bearing CRM (A) No. 944 of 2024 was considered and having regard to the nature of allegation and the fact that investigation was not complete, the prayer for anticipatory bail was rejected.

3.

The learned counsel for the petitioner submits that in between rejection of the prayer for anticipatory bail, earlier on 05.12.2024, and today, there is no change in circumstances. He, however, submits that parties are likely to enter into an amicable solution.

4.

Having regard to the nature of allegations, the fact that there is no change in the circumstance, since rejection of the petitioner's prayer for anticipatory bail earlier, this Court is of the opinion that a second application of anticipatory bail does not require any consideration. 5.

Accordingly, the prayer for the anticipatory bail is rejected.

6.

The application being CRM (A) 167 of 2025 is dismissed.

(Madhuresh Prasad, J.)