KANCHAN CHAKRABORTY,J. - (1.) Affidavit of service has been filed by the learned advocate for the petitioner. Let the same be kept on record.
(2.) This application under Section 439(2) of the Code of Criminal Procedure praying for cancellation of bail of Subham Pal, opposite party No. 2 herein, has been taken out by Sagarika Pal (nee Paul), the defacto-complainant in B.G.R. Case No. 4890 of 2011 arising out of Kasba Police Station Case No. 352(8) of 2011 under Sections 498A/406 of the Indian Penal Code.
(3.) Mr. Chakraborty, learned advocate for the petitioner, has taken this Court to the First Information Report of the case and contends that the learned Magistrate should not have granted bail to the accused person because there was sufficient materials showing his direct involvement in the offences alleged. He submits that on the very date, the opposite party No. 2, Subham Pal, surrendered in Court, he was granted bail. He further submits that no Stridhan articles were actually recovered by the Investigating Officer at the time bail was granted. Therefore, the learned Magistrate should not have granted bail.;