Mousumi Das Jana v. State Of West Bengal And ANR

08.05.2023 Sl. No.62 akd C. R. M. (DB) 4167 of 2022 In Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure filed on 22.11.2022 : A N D In Re : Mousumi Das Jana ... Petitioner Mr. Apalak Basu Mr. Abhik Chitta Kundu ... ... for the petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee ... ... for the opposite party no.2 Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Ms. Sayanti Santra ... ... for the State It is submitted on behalf of the petitioner that stridhan articles have not been recovered. Hence, bail granted to opposite party no.2 may be cancelled.

Learned Advocate for the opposite party no.2 denies and disputes such fact. He also submits allegation of misuse of liberty is out and out false.

Learned Advocate for the State submits investigation is complete.

We have considered the materials on record. Instant case arises out of a matrimonial dispute. Opposite party no.2 was enlarged on bail after considering the case diary and other relevant circumstances. There is no illegality in the impugned order. Allegation of misuse of liberty is general and omnibus.

With regard to non-recovery of stridhan articles, we note opposite party no.2 had been taken into police custody. Some of the stridhan articles have been recovered. Non-recovery of other stridhan articles, if any, would be considered in course of trial. Keeping in mind the aforesaid circumstances, we do not find any reason to interfere with the order granting bail to opposite party no.2 herein.

CRM (DB) 4167 of 2022 is accordingly, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)