Sakara Bibi v. State Of West Bengal And ORS.

21.03.2025 DL-48 CRM (DB) 3500 of 2024 Court No.26 (Disposed of) (AD) In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973 corresponding to Section 483(3) of Bharatiya Nagarik Surakshya Sanhita, 2023. -AndIn the matter of : Sakara Bibi ... ...Petitioner Md. Mokaram Hossain, Advocate Mr. Dinabandhu Das, Advocate Mr. Salauddin Ahamed, Advocate Md. Naimul Islam, Advocate Mr. Mizanur Rahaman, Advocate Mr. Uttam Banerjee, Advocate ... for the petitioner Mr. Arindam Sen, Advocate Ms. Sreetama Das, Advocate ... for the State

1. Petitioner prays for cancellation of bail.

2. Private opposite parties were granted bail by the Learned Additional Chief Judicial Magistrate, Basirhat on July 24, 2024 and July 30, 2024 after noticing the nature of the incident and the involvement of the private opposite parties therein.

3. While granting bail, learned Additional Chief Judicial Magistrate noted the gender of the private opposite parties wrongly on the order dated July 30, 2024.

4. Apparently, there are disputes between the private parties, which relate to a land and documents. Disputes primarily are civil in nature.

5. The incident of assault did not result in any grievous hurt for any of the injured persons warranting detention of the private opposite parties.

6. Private opposite parties surrendered before the jurisdictional Court when the bail was granted.

7. In such circumstances, we do not find any ground to interfere with the orders granting bail dated July 24, 2024 and July 30, 2024.

8. CRM (DB) 3500 of 2024 is disposed of.

(Debangsu Basak, J.) (Smita Das De, J.)