MS. X( VICTIM ) v. THE STATE OF WEST BENGAL AND ANR
CRM (DB)/1885/2024 · 2025-03-05
Debangsu Basak, Md Shabbar Rashidi
body2025
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[ 2025 DAILYLAW 30762 (CAL) · dailylaw.ai ]
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[ 2025 DAILYLAW 30762 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05.03.2025
DL-38 CRM (DB) 1885 of 2024 Court No.26
(Dismissed)
(AD)
In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973.
-And-
In the matter of : Ms. X (victim)
… …Petitioner
Mr. Sachit Talukdar, Advocate
… for the petitioner
Ms. Anasuya Sinha, Ld. APP
Ms. Sujata Das, Advocate
… for the State
Mr. Anirban Dutta, Advocate
Mr. Abhra Jena, Advocate
Mr. Swarnadeep Khara, Advocate
Mr. Devang Das, Advocate
… for the opposite party no.2
1. Petitioner prays for cancellation of bail granted by the jurisdictional Court on May 16, 2024.
2. It is contended on behalf of the petitioner that, no notice of the application for bail was served upon the de facto complainant. Moreover, the private opposite party is guilty of post-bail misconduct. Private opposite party uploaded certain details on a social media and sent across pictures of the de facto complainant to her mother.
3. State and the private opposite party are represented.
4. We perused the statement of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure where, she acknowledges that, there was a consensual relationship between her and the petitioner. Apparently, a relationship between the petitioner and the private opposite party turned sour.
2
5. The issue as to whether the private opposite party promised marriage may be decided at the trial.
6. Both the petitioner and the private opposite party are adults.
7. Post-bail misconduct is not substantiated.
8. Intimate pictures sent to the mother of the de facto complainant cannot be construed to be a publication of the same to the public at large.
9. In such circumstances, we are not minded to interfere with the order impugned before us.
10. CRM (DB) 1885 of 2024 is dismissed without any order as to costs.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)