Baby Bibi v. State Of West Bengal And ANR

30.01.2023 Sl. No.77 akd C. R. M. (DB) 4209 of 2022 In Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure filed on 23.11.2022 : A N D In Re : Baby Bibi ...... Petitioner Ms. Ankita Bose ... ... for the petitioner Mr. Sujoy Sarkar ... ... for opposite party no. 2 Ms. Zareen N. Khan Mr. Ashok Das ... ... for the State Petitioner has assailed order dated 11.08.2022 enlarging opposite party no.2 on bail.

In the petition, it is averred that the learned Judge failed to consider the gravity of the offence and enlarged opposite party no.2 on bail.

Gravity of the offence and the materials collected during investigation are relevant for consideration of bail. Perusal of the impugned order shows the court had considered the contents of the case diary and noted there was more than four months of delay in lodging FIR. Delay in lodging FIR impacts the credibility of accusation. It cannot be said that the learned Judge was oblivious of the facts of the case. He also noted that investigation is complete. Under such circumstances, we are not inclined to interfere with the impugned order dated 11.08.2022 granting bail to opposite party no.2 herein.

CRM (DB) 4209 of 2022 is thus disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)