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Calcutta High CourtCRM(M)/194/2025dismissed

The State Of West Bengal v. Nantu Mandal And ORS

2026-01-09Hon'Ble Justice Tirthankar Ghosh3 pages

09.01.2026 Item no. 34-35.

Court No.3.

Rakib In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (A) 331 of 2025 With CRAN 2 of 2025 CRAN 3 of 2025 CRAN 4 of 2025 In the matter of : Mantu Mondal & Ors.

With CRM (M) 194 of 2025 In the matter of : The State of West Bengal.

Mr. Jaydeep Kanta Bhowmik Mr. Subham Kumar Ms. Sayantani Das Mr. Priti Das ......for the applicant/petitioner (s) in CRAN 2 & CRAN 3 [CRM (A) 331 of 2015] and O.P. Nos. 1 & 2 in CRM (A) 194 of 2025.

Mr. Krishnendu Bhattacharya, Mr. Hillol Saha Podder ......for the applicant/petitioner (s) in CRAN 4 [CRM (A) 331 of 2015] and O.P. No. 3 in CRM (A) 194 of 2025.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Dr. Arjun Chowdhury ......for the State/for the petitioner in CRM (M) 194 of 2025.

There are two applications being CRM (A) 331 of 2025 wherein connected applications have been taken out for relaxing the conditions of anticipatory bail.

Another application being CRM (M) 194 of 2025 has been filed on behalf of the State for cancellation of anticipatory bail.

It has been submitted on behalf of the petitioners/applicants in CRM (A) 331 of 2025 that the accused persons have surrendered and obtained regular bail from the jurisdictional Court concerned.

Having considered the fact that prayer for anticipatory bail exists only if there is apprehension and if the regular bail is granted the issue relating to apprehension do not exist any further. If any condition has been imposed the said condition would be deemed to be a condition of bail. As such if the petitioners/applicants in CRM (A) 331 of 2025 are aggrieved they would prefer before the appropriate forum having determination for relaxation of condition of bail.

Accordingly, the applications being CRAN 2 of 2025; CRAN 3 of 2025 and CRAN 4 of 2025 in CRM (A) 331 of 2025 are disposed of.

In CRM (M) 194 of 2024, I hold that since the accused persons have surrendered and obtained bail. If the State is aggrieved by any order which relate to the liberty of the petitioner which may be for supervening circumstances the applicants/State would be at liberty to approach the Court having determination for cancellation of bail.

An application for cancellation for anticipatory bail is no more maintainable in view of the changed circumstances. Accordingly, CRM (M) 194 of 2025 is dismissed.

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.)