Krishna Modak And ORS v. State Of West Bengal

12-11-2024 (ct. no.01) KOLE In the High Court At Calcutta Jalpaiguri Circuit Bench CRR 416 of 2024 In CRM (A) 751 of 2024 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

- A n d - In the matter of : Krishna Modak & Ors.

.... Petitioners.

Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Shubham Kumar, Ms. Sayantani Das, ... For the Petitioners.

Mr. Aditi Shankar Chakraborty, Ld. APP.

Mr. Tapan Bhattachayya, ... for the State.

1.

As noted in our order dated November 8, 2024, the petitioners have filed an affidavit in response to the Rule issued by a Coordinate Bench on October 5, 2024.

2.

The reason why the Rule was issued is that suppressing that the petitioners had earlier obtained an order of anticipatory bail, a second application for anticipatory bail was filed. 3.

The explanation in the affidavit is that it was due to an oversight that this was done. The petitioners tender unconditional apology for the mistake.

4.

We accept the explanation of the petitioners. We find that the deponents of the two bail applications are different. The petitioners would not stand to gain anything by filing a second

anticipatory bail application when they have already obtained anticipatory bail. Hence, we close this matter. 5.

The Rule stands discharged.

6.

CRR 416 of 2024 is, thus, disposed of.

( Biswaroop Chowdhury, J. ) ( Arijit Banerjee, J. )