AVIJIT BANERJEE Vs. CHAYA GHOSH AND ORS.

JUDGEMENT

(1.) BY preferring the present application under Article 227 of the Constitution of India read with Section 439(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity) the petitioner has prayed that the order dated 25.02.2015 passed by the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 -Parganas granting bail to the accused persons in connection with Bidhannagar South Police Station Case No. 26 of 2015 dated 16.02.2015 under Sections 188/454/380/427/406/506/341/120B IPC in G.R. Case No. 146 of 2015 be set aside.

(2.) THE factual matrix which gave rise to the present application is as follows: -

(3.) MR . Rajdeepp Majumder, Learned Counsel, appearing on behalf of the petitioner submitted that the impugned order of granting bail is ex facie, illegal, bad, without jurisdiction and without application of mind leaving a room for doubt that such bail was granted for some extraneous consideration. He further submitted that the Learned Magistrate has no authority to treat the non -bailable offence as bailable. It was his further submission that the accused persons are influential and they are threatening the petitioner and his wife. Therefore, according to him, the impugned order being unjustified, illegal and perverse is liable to be quashed. He relied on the decision reported in : 2015(1) Crimes 40 (SC) (Neeru Yadav V. State of U.P. and Anr.) in order to substantiate his submission.