Rati Das v. The State Of West Bengal And ORS.

23.09.2024 Calcutta High Court DL-92 In The Circuit Bench at Jalpaiguri (Dismissed) Appellate Side (AD) CRM (DB) 457 of 2024 In re: An Application for cancellation of Bail under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. -AndIn the matter of : Rati Das ... ...Petitioner Mr. Hillol Saha Poddar ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Aniruddha Biswas ... ... For the State

1. Petitioner seeks cancellation of bail granted by the order dated June 21, 2024 passed in GR No.-1480/2024.

2. Learned Advocate appearing for the petitioner submits that, the victim suffered fracture of both legs. Learned Judge erred in granting bail to the private opposite parties.

3. State is represented.

4. None appears for the private opposite parties.

5. Learned Advocate appearing for the State refers to the materials in the case diary including the injury report of the victim.

6. Learned Chief Judicial Magistrate considered the case diary. Learned Judge found that the investigation was over and that, the alleged offences was Magistrate triable. Learned Judge also took note of the fact that the accused persons surrendered voluntarily. In such circumstances, learned Judge proceeded to grant bail to the private opposite parties.

7. We do not find that the learned Chief Judicial Magistrate erred in exercising jurisdiction in granting bail to the private opposite parties in the facts and circumstances of the present case.

8. Consequently, we find no merit in the present application.

9. CRM (DB) 457 of 2024 is dismissed without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)