Against an order passed by the Learned Chief Judicial Magistrate, Alipore granting bail to the accused/opposite party nos. 2, 3 and 4 in connection with Bhowanipur Police Station Case No. 91, dated April 6, 2009 under Sections 498A/406 of the Indian Penal Code, the defacto-complainant moved this application seeking annulment of the said order and for cancellation of their bail.

2. Mr. Swapan Kumar Mallick, the learned Counsel appearing on behalf of the petitioner at the very outset submitted that although this application has been moved invoking Section 439 (2) of the Code of Criminal Procedure, nevertheless, cancellation of bail is not sought for on the mere ground of misuse of liberty by the accuseds, but on the ground the very order of granting bail is not in accordance with law. He further submitted that on April 4, 2009, the FIR of the case was recorded against the accused/opposite party nos. 2 to 4 and others and on the self-same day the said accused/opposite parties surrendered before the Learned Additional Chief Judicial Magistrate, Alipore and prayed for bail, and the Learned Magistrate without considering the Case Diary and on the concession shown by the Learned