Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 46028 (CAL)

XXXX v. STATE OF WEST BENGAL AND ANR

CRM (DB)/3808/2024 · 2025-03-06

Debangsu Basak, Md Shabbar Rashidi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

194. 06.03.2025 Court No.26 (Pritam) (DM) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3808 of 2024 In Re: - An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973, arising out of Gobardanga Police Station Case No.257/2024 dated 11.09.2024 under Sections 376(2)(n)/506/34 of the IPC, 1860. And In the matter of: - XXXX. ..…petitioner. Mr. Anwar Hossain, Ms. Deblina Das ...for the State. Mr. Sourav Mondal, Mr. Arijit Bhuiya, Mr. Rony Mondal ....for the OP no.2. 1. State and the private party are represented. 2. Cancellation of bail is sought for on behalf of the de-facto complainant, as this de-facto complainant was not heard prior to the grant of such order as also perversity of such order. 3. Learned Sessions Judge granted bail to the private party in Criminal Misc. Case No.2866 of 2024 on October 8, 2024 considering the materials on record as also the period of detention. 4. A police complaint was registered on an application made under Section 175 of the BNSS. 2 5. Application under Section 175 of the BNSS proceeds on the basis of an existing relationship between two adults. 6. The issue as to whether there was any illegal relationship between two adults or whether such relationship was entered into on the parameters as alleged by the de-facto complainant may be decided at the trial. 7. We find no perversity in the order granting bail for interference. 8. CRM (DB) 3808 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)