Emarat Molla v. State Of West Bengal And ORS.

06.04.2026 Court No.35.

M/L. 82.

Kausik CRM (SB) 167 of 2024 In Re: An Application for Cancellation of Bail under Section 439(2) of the Code of Criminal Procedure, 1973/Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. And In the matter of : Emarat Molla ......Petitioner.

Mr. Sk. Abdus Salam Mr. Subrata Mukherjee ......for the Petitioner.

Mr. Bibaswan Bhattacharya Mr. Dipankar Pramanick ....for the State.

Learned advocate for the petitioner prays for cancellation of the consequential order passed pursuant to the anticipatory bail granted by the learned Sessions Judge, in charge of 24 Parganas North on 24.09.2024 wherein the accused/opposite party nos.

and on 04.10.2024 surrendered before the learned ACJM, Basirhat and were granted bail.

Learned advocate for the petitioner submits that the post bail conduct of the accused/opposite party nos. 2 and 3 were against the norms and to that effect, information was furnished to the police authorities wherein it was complained that the accused persons assaulted the complainant after

getting anticipatory bail and even threatened to murder him and his family members.

Report submitted by the State reflects that an enquiry was conducted by the police officer of Haroa Police Station but did not find that the accusations were substantiated. To that effect, Haroa P.S. G.D. Entry No. 1907 dated 30.12.2024 was registered. Police authorities are still investigating the case and prima facie, from the report it reflects that they are working on the issues relating to manipulation of the documents. Having considered the fact that the accused/ opposite party nos. 2 and 3 were released on bail and the allegations made by the petitioner could not be substantiated, on enquiry by the police authorities, I am of the opinion that no interference is called for in respect of the order which is the subject matter of challenge. However, the police authorities have prayed time for investigation.

The learned ACJM, Basirhat will call for a report for ascertaining the progress of the case once in a month till the charge sheet is submitted by the police authorities. Accordingly, with the aforesaid observations CRM (SB) 167 of 2024 is dismissed.

Report submitted be kept with the record.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)