The High Court dismissed a renewal application for anticipatory bail. The Bench found no change in circumstances and noted that the petitioner had been avoiding the police since 2015, leading to refusal of the prayer.
Prayer for anticipatory bail dismissed; order acts on server copy download.
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22.09.2021 Item no. 32 Court No.32. S.De. (Rejected)
(Via Video Conference)
CRM 2326 of 2021
In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 35 of 2015 dated 19.01.2015 under Sections 341/302/326/34 of the Indian Penal Code.
And
In the matter of : Aktar @ Aktar Sk. @ Aktar Hossain.
……Petitioner.
Mr. Musharraf Alam Sk, Advocate,
……for the Petitioner.
Mr. Rana Mukherjee, Ld. A.P.P., Ms. Sujata Das, Advocate, Ms. Debjani Sahu, Advocate,
……for the State.
the petitioner renews his prayer for anticipatory bail which was rejected by an order dated July 10, 2019 passed in CRM 5778 of 2019.
The petitioner says that eleven out of twelve accused persons have been granted bail. He should also be extended the same privilege.
2
We do not find any change in circumstance after the petitioner’s prayer for anticipatyory bail was rejected by a coordinate Bench. It also appears that the petitioner has been avoiding the police since 2015 when the case was registered.
On an overall assessment of thematerial in the case diary and the conduct of the petitioner, we are not inclined to entertain the petitioner’s prayer for anticipatory bail.
Accordingly, CRM 2326 of 2021 is dismissed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Bivas Pattanayak, J.)
(Arijit Banerjee, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who has been avoiding the police since the case was registered.
Whether new circumstances exist to justify departing from the earlier rejection of the petitioner's bail application.
1 provisions across 1 enactments
Aktar @ Aktar Sk. @ Aktar Hossain
STATE
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
