Meghnath Bhalla v. State of West Bengal and Anr.
Case brief
What is this about?
The court dismissed a petition for cancellation of bail granted to a respondent, finding the allegations of misuse of liberty general and the underlying injury report did not disclose life-threatening assault.
What did the court decide?
Petition for cancellation of bail dismissed; bail to opposite party no.2 maintained.
What the court decided
20.09.2023 Sl. No.49 akd
C. R. M. (DB) 2954 of 2023
In Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure filed on 21.07.2023:
A N D
In Re : Meghnath Bhalla …… Petitioner
Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar
… … for the petitioner Mr. Tapan Dutta Gupta Ms. Ipsita Ghosh … … for the opposite party no.2 Mr. Prasun Kumar Datta .. ld. Addl. Public Prosecutor Mr. Nirupam Dhali
… … for the State
- It is submitted on behalf of the petitioner that opposite party no.2 was granted bail without considering gravity of the offence. Petitioner’s wife was four months pregnant. She was assaulted on the belly. Opposite party no.2-accused has misused liberty granted to him. Hence, his bail may be cancelled.
- Learned Advocate for the State produces the case diary.
Issues for consideration
2 issues framed by the court
Whether bail granted to the opposite party no.2 should be cancelled on allegations of misuse of liberty and aggravated assault.
Whether the serious allegations in the FIR justify cancelling bail given that the injury report noted only simple injuries.
Parties & counsel
- petitioner
Meghnath Bhalla
- respondent
Opposite Party no.2
- respondent
State
Coram
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · September
- Registered
- Case no.
- CRM (DB)/2954/2023
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