Md Abulais @ Md. Abulesh v. Sk. Samir @ Datun And ANR

17.03.2025 DL-100 Court No.26 CRM (DB) 128 of 2024 with (Dismissed) IA No.: CRAN 1 of 2024 (AD) In re: An application for cancellation of bail under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973. -AndIn the matter of : Md Abulais @ Md. Abulesh ... ...Petitioner Md. Khairul, Advocate Ms. Shabab Alam, Advocate ... for the petitioner Mr. Arijit Ganguly, Ld. APP Ms. Kaushik Kundu, Advocate ... ...For the State

1. IA No.: CRAN 1 of 2024 is an application seeking recalling of the order of dismissal dated April 30, 2024.

2. For the ends of justice, the order of dismissal dated April 30, 2024 is recalled.

3. CRM (DB) 128 of 2024 is restored to its original file and number.

4. IA No.: CRAN 1 of 2024 is disposed of accordingly. 5.

Petitioner seeks cancellation of bail granted by the order December 9, 2023.

6.

Perversity of the order is canvassed as a ground for cancellation.

7.

State is represented.

8.

We perused the materials placed on record.

9.

Two persons apparently were injured in an incident of assault. None of the injuries noted are grievous hurt. In fact, there is only one head injury and cut injury over the back of

the head of one person. Both the medical reports speak of alleged physical assault.

10. Learned Court granting the order of bail took into account the period of detention of the private opposite party as also the fact that, search and seizure stood completed and proceeded to grant bail.

11. We find no perversity warranting our interference.

12. CRM (DB) 128 of 2024 is dismissed.

(Debangsu Basak, J.) (Smita Das De, J.)