10.03.2025 DL-46 Court No.26 CRM (DB) 2244 of 2022 (Disposed of) (AD) In re: An application for cancellation of bail under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973. -And- In the matter of : Kutubuddin Laskar … …Petitioner Mr. Uday Sankar Chattopadhyay, Advocate Mr. Rajashree Tah, Advocate Ms. Trisha Rakshit, Advocate Ms. Aishwarya Datta, Advocate Ms. Bidisha Chakraborty, Advocate Ms. Sadia Parveen … for the petitioner Mr. Saibal Bapuli, Ld. APP Ms. Sayanti Santra, Advocate … …For the State Mr. R. Abedin, Advocate Mr. A. Dewan, Advocate … for the private opposite party 1. Petitioner prays for cancellation of bail granted by the jurisdictional Court to the private opposite party on January 8, 2019. 2. Learned Advocate appearing for the petitioner submits that, the petitioner stands on the same footing as that of the co- accuseds whose bail were cancelled by the Coordinate Bench on July 13, 2022 passed in CRM 2100 of 2019 with CRM 2103 of 2019 with CRM 10942 of 2019. 3. State and the private opposite party are represented. 4. Trial is in progress. 2 5. Learned Advocate appearing for the private opposite party submits that, further custody of his client is not required given the fact that, trial is in progress and that, there is no post-bail misconduct on the part of his client. He submits that, the complaints lodged with the police which was recorded as General Diaries against his client are afterthought and in any event did not mature into any criminal prosecution. 6. The police case involves a girl murdered. 7. Coordinate Bench while considering the prayer for cancellation of bail of three co-accuseds considered the nature of the murder committed. It notes that, the victim was repeatedly assaulted underscoring the gravity of the offence. Coordinate Bench also noted that, there was an oral dying declaration made to the brother of the victim which was also present in the relevant medical documents. 8. Medical documents so far as the victim is concerned carries the names of three co-accuseds whose bail were cancelled by the Coordinate Bench on July 13, 2022 as also that of the private opposite party before us at the same breathe. 9. Private opposite party before us, therefore, stands on the same footing as that of the three co-accuseds whose orders of bail were cancelled by the Coordinate Bench. 10. In such circumstances, we cancel the order granted in favour of the private opposite party on January 8, 2019. 3 11. Private opposite party will surrender before the jurisdictional Court within seven days from date. In default, appropriate steps be taken before the jurisdictional Court to secure the attendance of the private opposite party. 12. CRM (DB) 2244 of 2022 is disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)