Sankar Dutta Ray v. The State Of West Bengal And ANR.

04.03.2025 Serial no. 130(ML) Dd CRM (DB) 2123 of 2024 In re : An Application for cancellation of Bail under Section 439(2) of the Code of Criminal Procedure, 1973 read as u/s. 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.. -AndIn the matter of : Sankar Dutta Ray ... ...Petitioner Mr. Chanchal Kumar Dutta, Ms. K. Mullick, Advocates ... ... For the Petitioner Mr. Madhusudan Sur,APP Ms. Suveni Banerjee, Advocates ... ...For the State Mr. Avik Ghatak, Mr. Anit Pareek, Ms. Afreen Begum, Advocates ... ...For the private Opposite Party No. 2

1. Petitioner seeks cancellation of the order granting bail dated June 15, 2024 passed by the jurisdictional Court.

2. Learned advocate appearing for the petitioner submits that, prayers for bail were rejected twice. Mere filing of the charge sheet is not a sufficient ground for grant of bail.

3. State and the private opposite party are represented.

4. Order dated June 15, 2024 notes that the period of custody and also the fact that no incriminating articles were recovered from the possession of the private opposite party. It also notes that the injury report does not convince the Court to hold custodial detention of the private opposite party.

5. Reasons for grant of bail as recorded by the order dated June 15, 2024 are not established to be perverse.

6. In such circumstances, we find no reason to interfere with the order granting bail.

7. CRM (DB) 2123 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)