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Calcutta High CourtCRM (DB)/4248/2024dismissed

Xxxx v. State Of West Bengal And ANR

2025-03-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

06.03.2025 Serial no.213 ML Dd CRM (DB)/4248/2024 In re : An Application for cancellation of Bail under Section 439(2) of the Code of Criminal Procedure, 1973.

-AndIn the matter of : XXX ... ...Petitioner Ms. Sarmistha Basak, Mr. Samrat Mondal, Advocates ... ... For the Petitioner Mr. Anand Keshri, Mr. Sachit Talukdar, Advocates ... ...For the State

1. Petitioner seeks cancellation of bail.

2. In fact, anticipatory bail was granted to the private opposite party on March 11, 2024 passed in CRM(A) 843 of 2024.

3. It is the complaint of the petitioner that the private opposite party is guilty of post bail misconduct.

4. There is a police complaint dated October 21, 2024 alleging post bail misconduct.

5. Petitioner before us did not take any steps subsequent to the so-called complaint. In any event, such alleged post bail misconduct is not substantiated.

6. While granting anticipatory bail to the private opposite party the Court noted that there were existing disputes between the private parties and that, the accused complained to the local councillor as against the family members of the victim.

7. Issue of false implication still continues.

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

9. CRM (DB)/4248/2024 is accordingly dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)