In an application seeking cancellation of bail granted to the private opposite party in a criminal case, the court held that the alleged post-bail misconduct remained unestablished and found no material irregularity in the lower court's order granting bail. Consequently, the petition was dismissed.
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08.04.2022
65 Ct. No. 29 KAUSHIK DISMISSED
C.R.M. (DB) 26 of 2022
In Re:- An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.
And In Re : Ankita Drolia ...… petitioner Mr. Sarthak Mondal .…for the petitioner Mr. Jogendra Pandey Mr. Ranjit Singh Mr. Debnath Ganguly Mr. Supriyo Dutta Mr. Pinak Mitra .…for the Opposite Party No. 2 Mr. Binoy Panda Mr. Subham Bhakat .…for the State
Petitioner seeks cancellation of the bail granted by the Sessions Judge on December 22, 2021 in Criminal Misc. Case No. 2971 of 2021.
Learned advocate appearing for the petitioner submits that, there was a relationship between the petitioner and the private opposite party. The private opposite party called up the petitioner immediately on the private opposite party being enlarged on bail.
State and the private opposite party are represented.
2
Allegations levelled by the petitioner on the private opposite party are that there was a relationship between them and that there was a physical relationship between them on June 2, 2018.
The Sessions Judge, by the order dated December 22, 2021, took into consideration the facts and circumstances of the case, the materials on record in the case diary, nature of the offence, the period of detention of the private opposite party and the state of investigation while granting bail to the private opposite party.
The so-called post bail misconduct of the private opposite party is yet to be established.
Consequently, we find no material irregularity in the order dated December 22, 2021 passed by the Sessions Judge requiring cancellation of the bail granted.
CRM (DB) 26 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether the post-bail misconduct alleged against the private opposite party warrants cancellation of bail.
Whether the Sessions Judge made any material irregularity in granting bail to the private opposite party.
1 provisions across 1 enactments
Ankita Drolia
Private Opposite Party
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
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