Hou Yu Fang & Anr vs Unknown
2022 Latest Caselaw 3039 Cal

23.05.2022 Item no.01 (Supp.List) Ct.5 Suvendu/S.das Vacation Bench CRM (DB) 1418 of 2022

In Re:- An application for cancellation of anticipatory bail under section 439(2) of The Code of Criminal Procedure, 1973.

And

In the matter of:- Hou Yu Fang & Anr.

... Applicants

Mr. Sudip Deb Mr. Sumitava Chakraborty ...........for the applicants

This is an application under Section 439(2) of The Code of

Criminal Procedure, 1973 for cancellation of anticipatory bail.

The applicants also seek setting aside of an order dated

19.05.2022 passed by the learned Chief Judge, City Sessions

Court, Calcutta, in Criminal Misc. Case No. 171 of 2022. By the

said order, the application of the Opposite Party no.2 for

anticipatory bail was granted.

Learned counsel appearing for the applicants seeks

cancellation of the anticipatory bail on several grounds including

the fact that the opposite party no. 2 has opened a Bank Account

on the basis of forged documents showing herself to be the wife of

the applicant no.1. Counsel relies on a Supreme Court judgment

as well as a Division Bench judgment of this Court to show orders

under Section 439 (2) of the Cr.P.C. can be granted on various

grounds including victim's participatory right during investigation

and that the impugned order suffering from certain infirmities

amounting to perversity.

We have perused the impugned order and considered the

decisions cited in support of the contentions put forward on

behalf of the applicants.

In Ram Govind Upadhyay Vs. Sudarshan Singh & Ors., (2002)

3 SCC 598, the Supreme Court in paragraph 4 of the Report laid

down certain relevant considerations which should be noticed for

grant of bail. These conditions include a reasonable apprehension

of the witnesses being induced in any manner or evidence being

tampered with. The Division Bench judgment in CRM 2603 of

2021 (Ravneet Kaur @ Ravneet Kaur Bhatia Vs. The State of West

Bengal) also points to the order being vulnerable on the manifest

non-application of mind on the part of the Court for granting bail.

Having perused the impugned order, although it is arguable

whether the present application indicates any violation of the

conditions imposed by the learned court below, we are of the view

that the applicants may be given an opportunity to argue for

cancellation of the anticipatory bail on the subsequent events as

submitted in Court today.

The application is hence admitted.

Since the Opposite Parties have not been served with a copy of

this application, we deem it fit to direct that the matter be placed

before the appropriate Bench on 30th May, 2022 after completion

of all formalities including of service.

List this matter on 30th May, 2022, as prayed for.

(Ajoy Kumar Mukherjee, J.) (Moushumi Bhattacharya, J.)