JUDGMENT :

Md. Shabbar Rashidi, J.

1. One Biswajit Barman lodged a written complaint on 11.03.2022 with Dumdum GRPS stating, inter alia, that due to the outbreak of Corona, his business was in a bad condition and he had to take loan. In order to pay off the loan amount, he along with his family members agreed to sell out the gold ornaments. Accordingly, he got the gold ornaments converted into gold butts through his local smith. He was advised to sell the gold butts at Kolkata for better price. He was travelling from Bongaon to Sealdah carrying the gold butts for selling on 09.03.2022. At about 01.40 p.m., when his train was standing at platform no. 4 at Dumdum station, he was intercepted by at least six persons pretending to be custom officials. He was forcefully brought down from the train and was taken towards metro railway station by crossing platform no. 5. He was thereafter taken in a yellow taxi. The aforesaid persons assaulted the complainant inside taxi and extorted all his gold butts and JIO keypad mobile. A little further, the complainant was left near ‘Captain Bheri’.

2. On the basis of such written complaint lodged on 11.03.2022, Dumdum GRPS Case No. 9/2022 dated 11.03.2022 under sections 379/340/419/420/34 IPC was started against these unknown persons miscreants.

3. While the case was being investigated the opposite party nos. 1 to 8 filed an application under section 438 of the Code of Criminal Procedure before the Learned Sessions Judge, Alipur vide CMC no. 1318 of 2022. With their bail application the aforesaid opposite parties also filed an affidavit alleged to be sworn by the de facto complainant Biswajit Barman wherein the de facto complainant declared that the case was initiated out of misunderstanding and the matter had been settled out of Court with the intervention of friends and relatives and well-wishers as well. He also declared that he had received his missing gold articles for which he was not willing to proceed with the case and he had no allegation against anybody. The de facto complainant, by his affidavit, also expressed that he had no objection if the aforesaid petitioners (respondent nos. 1 to 8) were granted bail in connection with the said case i.e. Dumdum GRPS Case No. 9/2022 dated 11.03.2022.

4. The learned Court by its order no. 2 dated 06.04.2022 granted bail to the opposite party nos. 1 to 8 in consideration of the submissions made on behalf of the de facto complainant that the stolen articles were already recovered. Consequently, the opposite party nos. 1 to 8 on the strength of such order passed in CRM 1318 of 2022 surrendered before Learned Additional Chief Judicial Magistrate, Sealdah and obtained regular bail.

5. By filing the instant application being CRM (DB) 2569 of 2022, the petitioner State of West Bengal has sought to cancel the order of granting bail to the opposite party nos. 1 to 8 in CRM no. 1318 of 2022. It has been submitted that the case cannot be treated as a simple case of theft under section 379 of the Indian Penal Code. It is contended that there were six accused persons kept in the offence and the purport of the crime narrated in the written complaint discloses the case to be case of docoity punishable under section 395 of the Indian Penal Code. The case is still under investigation. CCTV footage of the place of occurrence has been seized in course of investigation. There are every likelihood that the case may turn out to be that punishable under section 395 of the Indian Penal Code. It has also been stated that the opposite parties were served with notices under section 41A of the Code of Criminal Procedure and they have not complied the same for which warrant of arrest was issued against them. It was also contended that the de facto complainant has been gained over. The dispute involved in the case are not at all private in nature, rather it has a bearing on the society at large and the de-facto complainant was not at all competent to register his no objection for th