MANOJIT ADHIKARY @ MANOJIT ADHIKARI v. STATE OF WEST BENGAL AND ORS.
CRM (DB)/2704/2023 · 2025-01-09
Gaurang Kanth, Joymalya Bagchi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32318 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32318 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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.)