1. The applicant, namely, Mahmudul Islam has preferred this application under Section 438 of the Code of Criminal Procedure for anticipatory bail in connection with Moirabari P.S. Case No.96/2019, under Section 380 IPC.
2. The Court proceedings have been conducted through Video-Conferencing in view of the present scenario so as to maintain social distancing.
3. I have heard Mr. H.R.A. Choudhury, learned Senior Advocate assisted by Mr. M. Alamgeer, learned counsel for the applicant and Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam for the respondent.
4. Learned counsel for the applicant has been confronted with order dated 26.08.2019 rendered by this Court while dealing with AB Case No.2126/2019, Mahmudul Islam vs. The State of Assam vide which application for anticipatory bail in same FIR was rejected. This is second application for similar relief.
5. Ordinarily when an application for anticipatory bail is rejected, it is reasonably expected of a law abiding citizen to join investigation, so that the proceedings are not delayed. In the case in hand, I find that the earlier application for anticipatory bail was rejected in August, 2019. The investigation has been delayed only because the applicant did not join investigation process, rather has chosen to file this second application for identical relief.
6. No ground for interference in this second application for bail is made out.
7. Dismissed.
8. Let a copy of the order be provided under the signatures of the Court Master.