Nasima Banu v. State Of West Bengal And ANR

28.02.2025 DL-140 CRM (DB) 1147 of 2024 Court No.26 (Dismissed) (AD) In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973.

-AndIn the matter of : Nasima Banu ... ...Petitioner Ms. Iqra Rahaman, Advocate ... for the petitioner.

Mr. Anand Keshri, Advocate Ms. Kanchan Roy, Advocate ... for the State.

1. Petitioner prays for cancellation of bail granted by the learned Additional Sessions Judge, Chanchal, Malda enlarged by Order No.03 dated March 1, 2024 passed in Crl. Misc. Case No.76 of 2024.

2. Despite a direction by the Coordinate Bench to serve the application upon the opposite parties, passed on April 16, 2024, the application is yet to be served.

3. We considered the order impugned before us.

4. Order impugned records reasons as to why the learned Additional Sessions Judge proceeded to grant bail to the private opposite party.

5. Order notes that, there was an incident of brickbat hurling in which one suffered injury. Impugned order also records that, the injuries were caused by two other persons apart from private opposite party and proceeded to grant bail to the private opposite party.

6. Perversity of the order impugned is not established before us.

7. There is no allegation of post-bail misconduct.

8. In such circumstances, we do not find any infirmity in the order impugned.

9. CRM (DB) 1147 of 2024 is dismissed without any order as to costs.

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