Sanjay Shankar Mishra v. State Of West Bengal And ANR

10.03.2025 63 & 64 Court No.26 S.D.

C.R.M (DB) 304 of 2024 With C.R.M. (DB) 364 of 2024 In re: An Application for cancellation of bail under Section 439 (2) of the Code of Criminal Procedure.

-AndIn the matter of: Sanjay Shankar Mishra ... ... Petitioner Mr. Amit Singh ...For the Petitioner Mr. Soumyajit Das Mahapatra Mr. Soumya Basu Raoy Chowdhury ... ... For the O.P. No. 2 Mr. Rudradipta Nandy, Ld. A.P.P., ...For the State Two applications for cancellation are taken up for analogous hearing as they relate to the same police case. Private opposite parties are the husband of sister-inlaw and the sister-in-law. Husband was enlarged on bail. Initially charge sheet was submitted inter alia under Section 306 of the IPC after conducting an investigation, inter alia under 302 thereof. Subsequently, On Coordinate Bench making observations in an application for bail filed by the husband, police added Section 302 of the IPC to the charge sheet.

Subsequent to the addition of the provision of Section 302 of the IPC to the charge sheet, husband was enlarged on bail by the Coordinate Bench.

Contention of the petitioner before us is that the investigations were not proper and that appropriate materials were not considered and that the learned Jurisdictional Court did not consider the materials in the case diary.

Coordinate Bench thought it prudent to enlarge the husband of the victim. No post bail misconduct is established before us so far as the opposite parties are concerned.

In such circumstances, we are not minded to interfere with the order granting bail to the private opposite parties. C.R.M. (DB) 304 of 2024 and C.R.M. (DB) 364 of 2024 stand dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)