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2025 DAILYLAW 35388 (CAL)

RAIFUL ANSARY v. THE STATE OF WEST BENGAL AND ORS.

CRM (DB)/2359/2024 · 2025-03-05

Debangsu Basak, Md Shabbar Rashidi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 M/L140 05.03.2025 Rohit ct.no.26 C.R.M. (DB) 2359 of 2024 In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973/ under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hariharpara Police Station Case No. 232 of 2022 dated 01.06.2022 under Sections 302/34 of the Indian Penal Code. And In Re: Raiful Ansary …Petitioner/ complainant Mr. Mohaimenul Mondal …for the petitioner Mr. Madhusudan Sur Mr. Ashok Das …for the State Ms. Shabana Hasin Ms. Sanima Akter …forthe Opposite party 1. Petitioner seeks cancellation of bail granted by the Co-ordinate Bench on March 21, 2023 passed in CRM (DB) 1021 of 2023. 2. Post bail misconduct is a ground canvassed for cancellation. 3. In support of the post bail misconduct, two complaints to the police are relied upon. 4. State and the private opposite parties are represented. 5. Apparently, police noted the complaints received as General Diary entries. 2 6. We perused the two written complaints to the police made on behalf of the petitioner. Apparently, there are allegations of threat being held out by the private opposite parties as against the petitioner. 7. Private opposite parties are ladies as pointed out on their behalf by their learned advocate. 8. Relationship between the petitioner and the private opposite parties are neighbours. 9. Given the nature of allegations in the police complaints, with regard to post bail misconduct, it would be appropriate to direct the private opposite parties to stay outside and not to enter the jurisdiction of the local police station where the police case is registered, save and except for the purpose of attending Court for trial. Private opposite parties will inform the Officer-in-Charge of the local police station of their present residence. 10. We are not minded to cancel the bail granted. No doubt, any further transgression, if any, will be dealt with appropriately. 11. C.R.M. (DB) 2359 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)