Lutfa Bibi v. The State Of West Bengal And ANR.

04.03.2025 Serial no.139(ML) Dd CRM (DB) 2347 of 2024 In re : An Application for cancellation of Bail under Section 439(2) of the Code of Criminal Procedure, 1973.

-AndIn the matter of : Lutfa Bibi ... ...Petitioner Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar, Advocates ... ... For the Petitioner Mr. Debasish Roy, ld. PP Mr. Rudradipta Nandy, Ld. APP Ms. Nondini Chatterjee, Advocate ... ...For the State Md. Hafiz Ali, Mr. Debajyoti De, Advocates ... ...For the private Opposite Party

1. Petitioner prays for cancellation of bail.

2. Learned advocate appearing for the petitioner submits that, the private opposite party is the son of the victim. Private opposite party murdered the victim.

3. State and the private opposite party are represented.

4. We find from the materials that there are statements of independent eye-witnesses.

Such independent eyewitnesses speak of two groups being armed and fought over land disputes. In such fight, apparently, the private opposite party dealt a blow on the victim and as such victim succumbed to his injuries.

5. Materials on record do not suggest requirement of custodial trial of the private opposite party.

6. Although it is claimed that the private opposite party indulged in post bail misconduct of threatening the witnesses and the de facto complainant, there is no formal police complaint with regard thereto and such allegations remain unsubstantiated, at this stage.

7. In such circumstances, we are not minded to cancel the bail subsisting in favour of the private opposite party.

8. CRM (DB) 2347 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)