DISTRICT = SOUTH 24-PARGANAS.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION
=============================

In the matter of:-

C.R.M.(DB) NO.55 OF 2023.

=And=

In the matter of:-

An application for Cancellation of Bail
under Section 439(2) of the Code of
Criminal Procedure, 1973.

=And=

In the matter of:-

Dr.Rupa Majumder.
… … … … … Petitioner.
=Versus=
The State of West Bengal & Anr.
… … … … Opposite Parties.

AFFIDAVIT-IN-OPPOSIION ON BEHALF OF THE OPPOSITE PARTY

NO.2.

I, Sri Rajdeep Acharyya, son of Sri Ashis Acharya, aged about years,
by faith – Hindu, by occupation – Service, resident of Village – Kumarpara
Mirjapur, Post Office – Gankar, Police Station Mirzapur, District –
Murshidabad, Pin – 742 227 and presently residing at
do hereby solemnly and state as follows:-
 2

01.. That, I am the opposite party no.2 herein and, as such, I am

well acquainted with the facts and circumstances of the present case.
Therefore, I am competent to swear and affirm this affidavit on my behalf.

02.. That, a copy of the application for Cancellation of Bail under

Section 439(2) of the Code of Criminal Procedure, 1973 has been served
upon me (hereinafter referred to as the ‘said Application’). I have gone
through the same and understood the purport and contents of the same.

03.. That, before dealing with the statements and/or averments

made in different paragraphs of the said Application, the following facts
are very much required to be brought on record for proper and effective
adjudication of the present case:-

(a).. That, the petitioner herein has filed an application for

cancellation of bail on the basis of surmises and conjectures.
The deponent was extended liberty by this Hon’ble Court by
an order dated 13.10.2022 passed by Their Lordships the
Hon’ble Justice Joymalya Bagchi and the Hon’ble Justice
Supratim Bhattacharya and the petitioner was directed to
cooperate with the investigation and meet the Investigating
Agency once in a week until further order and also directed
not to enter into the Bidhannagar (South) Police Station,
Rajarhat Police Station and New Town Police Station until
further orders and the deponent duly complied with such
condition and never entered into Kolkata except for the
purpose of meeting the Investigating Agency and started
residing at Katwa, Purba Bardhaman.
(b).. That, finally application came up for hearing before Their
Lordships the Hon’ble Justice Debangsu Basak and the
Hon’ble Justice Md.Shabbar Rashidi on 15.11.2022 and
after hearing the parties, Their Lordships have been pleased
 3

to pass an order granting Anticipatory Bail on condition to

report the Investigating Agency once in a fortnight till the
conclusion of the investigation and on condition that the
petitioner shall appear on every day before the learned
jurisdictional court and from the date fixed for appearing of
the accused and in default, the learned jurisdictional court
will pass the appropriate order to secure the presence of the
petitioner in the court including cancelling the Anticipatory
Bail granted without further reference to this court.

(c).. That, the Investigating Agency after a purported investigation

filed a charge-sheet, being Charge-sheet No.107 of 2022
dated 22.11.2022 under Sections 417/376/
506/509/499/120B of the Indian Penal Code, 1860 and,
thereafter, the petitioner is regularly appearing before the
learned trial court fixed for hearing.

(d).. That, subsequently, since the deponent has been granted

Anticipatory Bail by this Hon’ble Court, the petitioner has
been attempting to cancel the bail on the ground of threat
perpetrated by some unknown persons. The petitioner was
not even present in the place of occurrence on the alleged
date assault and threat by the unknown miscreants as
alleged by the petitioner. The complaint was lodged to the
Inspector-in-Charge, Bidhannagar (South) Police Station
alleging that on 08.03.2023 two bike-riders have threatened
him to withdraw the complaint. This deponent in no manner
whatsoever has acted anything, which may have connected
with the alleged incident dated 08.03.023. The deponent was
at Katwa, Purba Bardhaman, which is far away from Kolkata,
i.e. at his native place and the complaint has been lodged
only to create ground to take out the present application.
 4

(e).. That, the application for cancellation of bail is not at all

maintainable in the eye of law before this Hon’ble Court.

04.. Now, I will deal with the statements and/or averments made
in different paragraphs of the said Application paragraphwise.

05.. With regard to the statements made in paragraph nos.1, 2,

3, 4 and 5 of the said Application are denied and disputed the allegations
made therein save and except what are the matters of record.

It is stated that the order dated 21.07.2022 issuing the

warrant of arrest was for the purpose of securing the attendance before
the Investigating Agency for the purpose of investigation and presently
the deponent has been granted Anticipatory Bail by this Hon’ble Court
and, thereafter, the deponent has surrendered before the court of the
learned Additional Chief Judicial Magistrate at Baruipur, South 24-
Parganas and has been granted regular bail by an order dated
18.11.2022.

06.. With regard to the statements made in paragraph nos.6, 7,

8 and 9 of the said Application are denied and disputed the allegations
made therein save and except what are the matters of record.

It is stated that on the prayer of the Investigating Agency the

warrant of arrest has been issued by the court of the learned Additional
Chief Judicial Magistrate at Baruipur, South 24-Parganas and there was
no look-out notice issued by the learned Magistrate, only warrant of
arrest was issued and during that period, the deponent was perusing his
legal remedies under Section 438 of the Code of Criminal Procedure,
1973. The issuance of the warrant of arrest when the deponent was
perusing his legal remedies before the competent Court of Law and since
 5

there was cognizable non-bailable offence alleged against the deponent

the warrant of arrest was unnecessary and no order of recalling of the
warrant of arrest was necessitated since the deponent has appeared
before the learned court below and on the strength of Anticipatory Bail
granted by this Hon’ble Court obtained regular bail.

07.. With regard to the statements made in paragraph nos.10, 11

and 12 of the said Application are denied and disputed the allegations
made therein save and except what are the matters of record.

The petitioner has falsely alleged that the deponent had been
to the residence of the petitioner prior to harm her and the deponent
never had been to her house and the complaint dated 23.11. 2022 is false
and no basis at all.

The deponent was granted regular bail on the strength of the

Anticipatory Bail granted by this Hon’ble Court by an order dated
15.11.2022 by Their Lordships the Hon’ble Justice Debangsu Basak and
the Hon’ble Justice Md.Shabbar Rashidi and, thereafter, the deponent
appeared before the court of the learned Additional Chief Judicial
Magistrate at Baruipur, South 24-Parganas on 18.11.2022 and was
granted regular bail and the order dated 18.1.2022 is in conformity with
all legal supports and there is no illegality in the order dated 18.11.2022
passed by the court of the learned Additional Chief Judicial Magistrate at
Baruipur, South 24-Parganas.

08.. That, the grounds as setforth in the said Application are no

grounds at all and the outcome of misconception of law and the prayers
made therein are not sustainable in the eye of law and, as such, the
instant applicable is not sustainable in the of law and the same is liable
to be dismissed or rejected.
 6

09.. That, the statements made in paragraphs are true

to my knowledge, those made in paragraphs
are based on my information derived from the records, which I verily
believe to be true and the rest are my humble submissions before this
Hon’ble Court.
Prepared in my office.

Advocate. Deponent is known to me.

Clerk to:

Advocate.

Solemnly affirmed before me on

this the day of April, 2023.

Commissioner.

DISTRICT = SOUTH 24-PARGANAS.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS
JURISDICTION
=============================

In the matter of:-

C.R.M.(DB) NO.55 OF 2023.
=And=
In the matter of:-
An application for Cancellation of Bail
under Section 439(2) of the Code of
Criminal Procedure, 1973.
=And=
7

In the matter of:-

Dr.Rupa Majumder.
… … … … … Petitioner.
=Versus=
The State of West Bengal & Anr.
… … … … Opposite Parties.

AFFIDAVIT-IN-OPPOSIION ON
BEHALF OF THE OPPOSITE PARTY
NO.2.