Nirmal Mandal v. The State Of West Bengal And ORS

27.09.2023 Court No.1 SL No.74 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(DB) 253 of 2023 In Re: - An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.

And In the matter of: Nirmal Mandal ....Petitioner.

Mr. Debanjan Das Mr. Sourav Kar ...for the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Sourav Ganguly ...for the State.

Mr. Partha Pratim Sarkar Mr. Sudip Guha Mr. Sandip Guha Roy ...for the Opposite Party Nos.6 & 7.

Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Rikta Sarkar ...for the Opposite Party Nos.8 to 10.

1.

The application for cancellation of bail is made on the ground that since after grant of bail by the Court below on 20th June, 2022, the accused have threatened to kill the petitioner. The petitioner has lodged a complaint on 5th May, 2023 in this regard with the Dhupguri Police Station.

2.

This Court notes that the complaint dated 5th May, 2023 is vague and does not contain any material particulars or details.

3.

In the above circumstances, this Court cannot countenance the allegations of threat made by the petitioner. 4.

The question of cancellation of bail on the said ground, therefore, does not and cannot arise.

5.

The accused are represented before this Court. They are warned against any intimidation or threat to the petitioner. 6.

In the event of any further complaint in this regard to the Dhupguri Police Station, the O.C., Dhupguri Police Station shall ensure that the accused persons do not enter or stay within the jurisdiction of the Dhupguri Police Station.

7.

Counsel for the State submits that the petitioner is already afforded police protection by the police authorities. 8.

With the aforesaid observations, the application for cancelation of bail is disposed of.

(Rajasekhar Mantha, J.) (Supratim Bhattacharya, J.)