The court dismissed an application to cancel anticipatory bail granted on February 28, 2022. After reviewing the case diary, the court found unsubstantiated allegations of misbehavior by the opposite party and no grounds for cancellation.
Application for cancellation of anticipatory bail dismissed.
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22.08.2022 Serial no.45 Aloke
CRM (DB) 2637 of 2022
In re : An application under Section 439(2 of the Code of Criminal Procedure, 1973.
In the matter of : Sefali Bibi
… … Petitioner
Mr. Probal Sarkar, Advocate Mr. Subhasish Bhattacharya, Advocate
Ms. Sk. Kiran, Advocate
… … For the Petitioner
Mr. Jisan Iquabal Hossain, Advocate
… … For the private opposite party
Mr. Arijit Ganguly, Advocate Mr. Avik Ghatak, Advocate
… … For the State
Petitioner prays for cancellation of the anticipatory bail granted on February 28, 2022.
The learned Advocate appearing for the petitioner submits that on February 28, 2022 since the case diary was not produced in Court, the order was passed without considering the case dairy. Moreover, the private opposite party is threatening the petitioner subsequent to the grant of anticipatory bail.
Although, we are not required to consider the case dairy afresh, we consider the same in view of the gender of the petitioner and the nature of allegations.
In her statement under Section 164 of the Code of Criminal Procedure, as appearing in the case diary, the petitioner acknowledged a relationship between her and the private opposite party.
Both the petitioner and the private opposite party are adults. The allegations of post bail mis-conduct by the private opposite party remain un-substantiated.
2
In such circumstances, we find no ground to cancel the anticipatory bail granted on February 28, 2022.
CRM (DB) 2637 of 2022 is dismissed accordingly.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether the anticipatory bail granted earlier should be cancelled given claims of post-bail misconduct by the private opposite party.
1 provisions across 1 enactments
Sefali Bibi
Private Opposite Party
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
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