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2025 DAILYLAW 47709 (CAL)

MD AKTHAR @ MD AKTHAR ASHRAFI v. STATE OF WEST BENGAL AND ORS.

CRM (DB)/4100/2024 · 2025-03-21

Debangsu Basak, Smita Das De

body2025

Judgment text

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21.03.2025 DL-53 Court No.26 CRM (DB) 4100 of 2024 with (Dismissed) IA No.: CRAN 1 of 2025 (AD) In re: An application under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. -And- In the matter of : Md. Akthar @ Md. Akthar Ashrafi … …Petitioner Mr. Rabilal Moitra, Ld. Sr. Advocate Mr. Rajitlal Moitra, Advocate … for the petitioner Mr. Sanjay Bardhan, Advocate Ms. Suruchi Saha, Advocate …For the State Mr. Sourav Chatterjee, Ld. Sr. Advocate Mr. Soumya Nag, Advocate … for the opposite party nos.2-8 1. Affidavit of service filed in Court be taken on record. 2. Report with regard to post-bail misconduct filed in Court be taken on record. 3. IA No.: CRAN 1 of 2025 is an application seeking recalling of the order of dismissal dated January 14, 2025. 4. For the ends of justice, the order of dismissal dated January 14, 2025 is recalled. 5. CRM (DB) 4100 of 2024 is restored to its original file and number. 6. IA No.: CRAN 1 of 2025 is disposed of accordingly. 7. Petitioner seeks cancellation of the order dated September 26, 2024 granting bail to the private opposite parties. 8. Post-bail misconduct is the ground canvassed for cancellation. 2 9. Unfortunately, there is no material on record not even a complaint to the police that the private opposite parties are guilty of post-bail misconduct. 10. In such circumstances, we are not inclined to interfere with the order granting bail passed by the learned Additional District & Sessions Judge, 1st Court, Islampur dated September 26, 2024. 11. CRM (DB) 4100 of 2024 is dismissed. (Debangsu Basak, J.) (Smita Das De, J.)