Sadashib Jana v. State Of West Bengal And ORS.

C.R.M. (DB) 3168 of 2023 (AD) 28.03.2024 Court No.29 (Dismissed) In Re: - An application for cancellation of anticipatory bail under Section 439(2) of the Code of Criminal Procedure, 1973. And In the matter of: - Sadashib Jana ...petitioner.

Mr. Santanu Deb Roy Mr. Dipankar Guha ... for the petitioner.

Mr. Avishek Sinha ... for the State.

Petitioner prays for cancellation of anticipatory bail granted by the learned Sessions Judge, South 24-Parganas, Alipore in Criminal Misc. Case No.2603 of 2023.

Affidavit of service filed in Court be taken on record. None appears for the private opposite parties. State is represented.

Learned Advocate appearing for the petitioner submits that the private opposite parties are police personnel and are threatening the de facto complainant for withdrawing the police complaint. We perused the order granting anticipatory bail to the private opposite parties.

We find that, the learned Judge took into account the nature of injury and found that the nature of injury was simple. The learned Judge also found that, the incident occurred during the official duties and that the private opposite parties were discharging such duties in their official status. The learned Judge also took into account the fact that the opposite parties were not required for the purpose of custodial interrogation and proceeded to grant anticipatory bail to the private opposite parties. Signed By :

ABHIJIT DAS High Court of Calcutta 28 th of March 2024 02:04:09 PM

The impugned order contains adequate and sufficient reasons for the grant of anticipatory bail. The injury is not shown to be of grievous hurt. There is no material-on-record to suggest that the private opposite parties are guilty of post-bail misconduct. Allegation with regard to threatening remains unsubstantiated at this stage.

In such circumstances, we find no merit in the present application.

C.R.M. (DB) 3168 of 2023 is dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 28 th of March 2024 02:04:09 PM