Najera Bibi v. State Of West Bengal And ANR

28.02.2025 Item No.119 Court No.26 CHC CRM (DB) 111 of 2024 In re : An Application for cancellation of bail under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 in connection with Ketugram Police Station Case No. 427 of 2023 dated 05.06.2023 under Sections 306/120B of the Indian Penal Code.

-AndIn the matter of : Najera Bibi ... ... Petitioner Mr. Sandipan Das, Advocate Mr. Badrul Karim, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Advocate Mr. Pravas Bhattacharya, Advocate ... ...For the State Mr. Uday Sankar Chattopadhyay, Advocate Ms. Rajashree Tah, Advocate Ms. Bidisha Chakraborty, Advocate Ms. Sadia Parveen, Advocate Ms. Aishwarya Datta, Advocate ...for the opposite party no.2

1. Petitioner seeks cancellation of bail granted by the jurisdictional Court on July 6, 2023 passed in Crl Misc. Case No.334 of 2023.

2. Learned advocate appearing for the petitioner submits that the, police initially filed charge sheet inter alia under Section 306 of the Indian Penal Code, 1860. Petitioner approached the Constitution Writ Jurisdiction of the High Court when orders were passed. He submits that, the private opposite party is guilty of post bail misconduct. He refers two criminal cases being registered as against the private opposite party.

3. State and the private opposite party are represented.

4. We perused the Case Diary. We also perused the Post Mortem Report and the forensic evidence available.

5. Apparently, the victim committed suicide. Forensic report explains how, the victim could scale up to the place where he was found hanging.

6. Further investigation was directed by the High Court through a different investigating agency. Nothing is on record to suggest that, further investigation by the different investigating agency resulted in a charge sheet under Section 302 of the Indian Penal Code, 1860.

7. Impugned order contains reasons as to grant of bail.

8. We find no infirmity in such order.

9. In such circumstances, CRM(DB) 111 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)