Sk Rustan @ Rustam Sk @ Rustom v. State Of West Bengal And ANR

03.03.2025 Court No.26 S.D.

Dismissed CRM (DB) 803 of 2023 In re: An Application for cancellation of bail under Section 439 (2) of the Code of Criminal Procedure.

-AndIn the matter of: Sk. Rustam @ Rustam Sk @ Rustom Sk ... ... Petitioner Mr. Dipayan Kundu ...For the Petitioner Mr. kallol Kumar Basu Md. Jannat Ul Firdous ... ... For the O.P. No. 2 Mr. S.S. Imam, Jr. Govt. Adv., Mr. Raju Jana ...For the State Post bail misconduct is the ground canvassed for cancellation of bail granted to the private parties by the High Court on January 24, 2023 passed in C.R.M. (DB) 285 of 2023.

Instance of the post bail misconduct is a police case as against the private opposite parties.

Police case relates to an incident which allegedly occurred when the private opposite parties were in custody. That cannot be construed as a misconduct post grant of bail as the incident occurred prior to grant of bail.

No other so-called post bail misconduct exists or at least attention of the Court is drawn towards. In such circumstances, no merit in the present application.

C.R.M. (DB) 803 of 2023 stands dismissed.

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