MOTHER OF THE VICTIM GIRL v. THE STATE OF WEST BENGAL AND ANR
CRM (DB)/2855/2024 · 2025-03-05
Debangsu Basak, Md Shabbar Rashidi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39389 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39389 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05.03.2025 160 Court No.26
S.D.
CRM (DB) 2855 of 2024
In re: An Application for cancellation of bail under Section 483 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 439 (2) of the Code of Criminal Procedure.
-And-
In the matter of: Mother of the Victim Girl
… … Petitioner
Mr. Aritra Bhattacharya
Mr. Anirban Kumar Banerjee
Mr. R. Chatterjee
…For the Petitioner
Mr. Sayan Chattopadhyay
…For the O.P. No. 2
Mr. Rudradipta Nandy, Ld. A.P.P.,
Mr. Debadrita Mondal
…For the State
Petitioner seeks cancellation of bail granted to the private opposite party by the order dated July 30, 2024 passed in Special Case No. 24 of 2024. Perversity of the order as also the post bail conduct are grounds canvassed for cancellation of bail. State and the private respondents are represented. We perused the materials on record in the case diary. Victim recorded a statement under Section 164 of the Cr.P.C. where the allegation is of bad touch at best. Medical
2 examination report does not throw up any case for a penetrative sexual assault. Statement of the victim remains uncorroborated presently. Police filed charge sheet. Need for custodial trial of the private opposite parties is not felt. There is a relationship between the father of the victim who is the landlord and the private opposite party who is the tenant. False implication cannot be ruled out. In such circumstances, we are not minded to interfere with the order granting bail to the private opposite party. C.R.M. (DB) 2855 of 2024 stands dismissed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)