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BIBEK CHAUDHURI
Anisur Rahaman – Appellant
Versus
State Of West Bengal – Respondent
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 Jul
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....
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
The main legal point established in the judgment is that the grant of bail should consider the gravity of the offense and the involvement of the accused, and custodial interrogation can have a signif....
The main legal point established in the judgment is the court's authority to cancel bail based on fraudulent misrepresentation and the importance of supervening circumstances in such decisions.
Violation of bail conditions justifies cancellation of bail, emphasizing the court's authority to enforce compliance.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
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