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Calcutta High CourtCRM (DB)/1188/2023disposed

Asima Pramanik v. State Of West Bengal And ORS.

2023-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

04.05.2023 Ct. No. 29 CHC C.R.M.(DB) 1188 of 2023 In Re: An application for cancellation of Bail under Section 439(2) of the Code of Criminal Procedure,1973. And In the matter of: Asima Pramanik ...... petitioner Mr. Soumik Ganguli, Mr. Sourat Nandy ...for the petitioner Mr. Joydeep Roy, Ms. Sujata Das ...for the State Mr. Suman De ...for the opposite parties Private opposite parties were granted anticipatory bail by the order dated January 16, 2023 passed in CRM (A) 155 of 2023 and order dated January 20, 2023 passed in CRM (A) 274 of 2023. Post bail misconduct is the ground, which is canvassed at the hearing of the application.

In view of such contention, report was called for from the State by the order dated April 28, 2023.

State submits a report, which be taken on record. Report of the State alludes to the fact that police received two complaints from the petitioner. One complaint was entered as General Diary and other was enquired into and it resulted in

a prosecution under Section 107 of the Criminal Procedure Code.

In such circumstances, we are unable to persuade ourselves that the private opposite parties were guilty of such post bail misconduct as to cancel the anticipatory bail granted. State and the private opposite parties are represented. CRM (DB) 1188 of 2023 is dismissed.

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