The main legal point established in the judgment is the application of principles for cancellation of bail, emphasizing the distinction between rejection of bail at the initial stage and cancellation of bail after it has been granted, requiring very cogent and overwhelming circumstances for the latter.

JUDGMENT

Bibek Chaudhuri, J. - This is an application for cancellation of order of bail passed by the Learned Chief Judicial Magistrate, Barasat on 11th December, 2021 in connection with Duttapukur Police Station Case No. 36/2020 dated 14.01.2020 under Sections 420/406/506/34 of the Indian Penal Code corresponding to G.R. Case No. 343/2020. It is alleged by the de facto complainant that the opposite party no. 2 was previously known to him. The wife of the opposite party no. 2 is an employee of Dr. A. P. J. Abdul Kalam Government College at New Town. The opposite party no. 2 exerted undue influence upon the petitioner stating, inter alia, that his wife was having good connection with the higher officials of Education Department, Government of West Bengal and the opposite party no. 2 with the help of his wife would arrange a job for the son of the de facto complainant. He also demanded a sum of Rs.20,00,000/- from the de facto complainant stating, inter alia, that the said sum was to be paid to the higher officials of the Education Department as bribe to ensure employment of his son. The de facto complainant paid a sum of Rs.20,00,000/- by Bank transfer on 19th July, 2018 and 30th July, 2018. In the month of September, the de facto complainant insisted the opposite party no. 2 and his wife to hand over the letter of appointment in the name of his son but they delayed in handing over such letter of appointment on one pretext or another. Subsequently, they started avoiding the de facto complainant. The de facto complainant understood that he was cheated by the accused persons and put pressure upon them to return the said amount. The opposite party no. 2 issued two cheques on 20th August, 2019 for Rs.20,00,000/- drawn on Bandhan Bank, Salt Lake Branch. However, both the said cheques were dishonoured due to insufficient fund. Thereafter, the de facto complainant went to the house of the opposite party no. 2 but he refused to meet him or talk to him. He also threatened to de facto complainant with dire consequence. The de facto complainant again demanded the said money on 15th December, 2019 for the purpose of medical treatment of one of his relatives. But the accused persons abused him with filthy language.

2. On the basis of the said complainant, Police registered Duttapukur Police Station Case No. 36/2020 dated 14th January, 2020 under Sections 420/406/506/34 of the Indian Penal Code.

3. The Learned Advocate for the petitioner draws my attention to the order dated 11th February, 2021 passed by the Learned Chief Judicial Magistrate, North 24-Pargnas wherefrom it appears that on 11th February, 2021 the opposite party no. 2 surrendered before the Court and prayed for bail. The Learned Chief Judicial Magistrate has passed the following order granting bail to the opposite party no. 2: -

'Heard Ld. Advocate for the accused and the Ld. APP. Ld. APP raises no serious objection against the bail prayer of the accused. Perused the materials on record. Considered. It appears that the offences are triable by the Court of Magistrate and today the accused surrenders before this Court voluntarily. That apart, the co-accused has been granted bail in this case.

Considering the above, I am of the opinion that there is no need for custodial detention of the present accused and I am inclined to enlarge the accused on bail.

Hence, the bail prayer of the accused stands allowed.

Accordingly, the accused named above may find bail of Rs.2,000/- with two registered sureties of Rs.1,000/- each on condition that if on bail the accused shall meet the Investigating Officer twice a week for 3 months, i.d. to JC till date'.

4. It is submitted by the Learned Advocate for the petitioner that the Learned Chief Judicial Magistrate did not assign any reason for passing the order of bail of the opposite party no. 2.

5. It is on record that the opposite party No.2 and his wife committed the offence of cheating and misappropriated a sum of Rs.20,00,000/- from the petitioner. He i