Md.Maslem And ORS v. The State Of West Bengal

15.05.2025 Court No.1 Sl. Nos.8 & 9 pk/AP CRM (M) 51 of 2025 In Re: An application for cancellation of anticipatory bail under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In Re: Joybul Islam @ Jaibul Islam ... ... Petitioner.

With CRM (A) 56 of 2025 With CRAN 1 of 2025 In Re: Md. Maslem and Ors.

... ... Petitioners.

Dr. Arjun Chowdhury Ms. Sunayana Parveen Ms. Riya Agarwal ... ... for the Petitioner in CRM (M) 51 of 2025 and de facto complainant in CRM (A) 56 of 2025. Mr. Sourav Ganguly ... ... for the Petitioner in CRM (A) 56 of 2025 and Private Respondent in CRM (M) 51 of 2025.

Mr. Nilay Chakraborty, Ld. A.P.P.

Mr. Tapan Bhattacharjee ... ... for the State in CRM (M) 51 of 2025.

Mr. Aditi Shankar Chakraborty Mr. Kallol Nag ... ... for the State in CRM (A) 56 of 2025.

1.

The application for cancellation of bail being CRM (M) 51 of 2025 is moved on the ground that a complaint was registered on 18th April, 2025 with the Inspector-in-Charge, Mal Police Station by the Joybul Islam/petitioner. He alleges that on 17th April, 2025 after grant of bail, the accused had threatened him

against appearing in Court and participating in the investigation against them.

2.

It is specifically alleged that he was waylaid near a railway station by the accused along with some other persons. The complaint has been received by the Mal Police Station. As of now, learned Additional Public Prosecutor is not able to indicate as to whether any formal investigation has been started into the complaint of the Joybul Islam.

3.

This Court directs the Inspector in Charge, Malbazar Police Station to register FIR in connection with the compliant of the petitioner dated 18th April, and commence investigation.

4.

In the event of any adverse report after investigation against the accused persons, the State is directed to communicate the same to the petitioner and also apply for cancellation of the bail of the accused.

5.

The prayer for cancellation of anticipatory bail being CRM (M) 51 of 2025 is refused at this stage.

6.

Having regard to the above observations in the application for modification/relaxation of condition of bail being CRAN 1 of 2025 in CRM (A) 56 of 2025 is, therefore, rejected at this stage. (Rajasekhar Mantha, J.)