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2025 DAILYLAW 32318 (CAL)

MANOJIT ADHIKARY @ MANOJIT ADHIKARI v. STATE OF WEST BENGAL AND ORS.

CRM (DB)/2704/2023 · 2025-01-09

Gaurang Kanth, Joymalya Bagchi

body2025

Judgment text

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09.01.2025 Sl. No.60 akd C. R. M. (DB) 2704 of 2023 In Re : An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure filed on 04.07.2023 : A N D In Re : Manojit Adhikary @ Manoit Adhikari … Petitioner Mr. Priyam Biswas … … for the petitioner Mr. Pinak Kumar Mitra … … for the State 1. Petitioner has approached this court on the ground that opposite party nos.2 and 3/accused have not yet refunded the sum of money which was handed over to them in respect of a sale agreement. 2. We are of the opinion criminal investigation cannot be utilized to recover dues. Any direction for payment of outstanding dues cannot be a condition of pre-arrest bail. 3. Accordingly, we are of the opinion failure to refund outstanding dues do not make out a case for cancellation has been made out. 4. CRM (DB) 2704 of 2023 is thus, dismissed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)