30.07.2026 Ct. No. 11 SL No.05 Cp CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 204 of 2026 In Re: - An application for cancellation of Bail under section 483(3) of the BNSS, 2023. And In the matter of: Mrs. Ruth Samuel ….Petitioner. Mr. Abhishek Sarkar …for the Petitioner. Ms. Panchali Deb Sikder (Nag) Mr. Suman Sehanabisah Mr. Shyamal Barman ….for the State. Md. Shoaib Akhtar Mr. Roshan Kumar Ray ….for the opposite party no. 2. This is an application for cancellation of bail granted by the learned Session Judge, Darjeeling vide order dated May 29, 2026 in connection with Criminal Misc. Case No. 193 of 2026. Mr. Sarkar, learned advocate for the petitioner, submits that the learned court did not take into account the nature of the injury and granted bail. It is further submitted that the statement of the victim recorded under Section 183 of the BNSS was also not taken into consideration. It is also submitted by him that the accused and the victim reside in the same premises and the accused is continuously harassing the petitioner, but the police authorities are not entertaining any complaint from the petitioner. 2 Learned advocate for the accused submits that the learned court had recorded that after going through the contents of the case diary, the materials on record and the injury report, prayer for bail should be allowed. The State submits that no complaint was ever filed by the petitioner after the accused was enlarged on bail. Moreover, the accused is complying with the conditions of grating bail. Considered the materials on record. I find that the learned court had rightly appreciated the injury report. The petitioner was allegedly beaten with a plastic rod. The injury that was sustained by her was simple. She had few scratches and the court arrived at a conclusion that the prayer for bail should be granted. Grant of bail is a matter of discretion of the court and I do not find any perversity and illegality in the decision, after consulting the injury report and the contents of the case diary. The injury report indicates that there were some external injuries, mildly visible scratch marks on the face and tenderness on the chest and the back. The medical officer opined that the nature of the injury was simple. Accordingly, the application for cancellation of bail is dismissed. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)