Calcutta High CourtCRM (DB)/247/2024disposed

Mother Of Xxx (Victim) v. State Of West Bengal And ANR

2024-05-09Hon'Ble Justice Jay Sengupta2 pages

23/02/2026 D/L - 218 Court No.28 S. Kundu C.R.M.(DB) 247 of 2024 With CRAN 1 OF 2025 In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure. In the matter of: Mother of XXX (victim)

...Petitioner.

Mr. Soumya Basu Roy Chowdhury ...for the petitioner.

Ms. Ayana Dey ...for the State.

1. Report filed by the State is taken on record.

2. Learned counsel appearing for the petitioner submits as follows. The lady accused was granted anticipatory bail by the learned Sessions Court on 5/10/2023.

Subsequently, the mother of the victim boy filed an application for cancellation. On 9/5/2024, Division Bench of this Court was pleased to dispose of the application for modifying the order of anticipatory bail and directed the opposite party to stay outside the jurisdiction and local police station till conclusion of evidence of prosecution in the trial. Presently, all vulnerable witnesses have been examined. Therefore, the petitioner seeks relaxation of conditions.

3. Learned counsel appearing for the State relies on the report and opposes the prayer.

4. It appears that the Coordinate Bench of this Court had passed a reasoned order imposing a condition upon the petitioner to stay outside the jurisdiction of the learned trial Court till prosecution evidence is over. It does not appear that the prosecution witnesses have all been examined till date.

5. Considering the above, I do not find any reason to revisit the issue and I dispose of the application for relaxation of condition of anticipatory bail with the directions upon the learned trial Court to conclude the evidence of the prosecution witnesses as expeditiously as possible and in accordance with law without granting any unnecessary adjournment to any of the parties.

6. With this observation and direction, the CRAN 1 of 2025 is disposed of.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)