Ayesha Parvin v. State Of West Bengal And ORS.

20.06.202299 tkcm/ct 28 C.R.M. (DB) 1207 of 2022 sl no. 100 In Re : An application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure And In Re :Ayesha Parvin ..... petitioner Mr. M I Kayal ...... for the petitioner Ms. Z N Khan Mr. Ashok Das ...... for the State Ms. R Sreemani ...... for the OP No. 2 Impugned order dated 28.3.2022 passed by learned CJM, Alipore, South 24 Parganas granting interim bail to opposite party no. 5 has been assailed.

Hence, application for cancellation of bail against opposite party nos. 2, 3, 4 and 6 are dismissed as not maintainable. With regard to bail order against opposite party no. 5, we note the learned magistrate considered the gravity of the offence and the fact that opposite party no. 5 is a lady. The magistrate observed as follows :

"There is no specific allegations in the FIR under section 307 IPC against the instant female accused person" We have also considered the development in investigation including the statement of victim lady recorded under section 164 Cr.P.C (recorded subsequent to the grant of interim bail). The said statement is bereft of any specific allegation levelled against

opposite party no. 5 Nasima Bibi with regard to assault on the victim with a rod.

Under such circumstances, we do not find any reason to interfere with the interim bail granted to opposite party no. 5. The application for cancellation of bail is, accordingly, dismissed on merits so far as opposite party no. 5 is concerned. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)