Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Indian Penal Code, 1860 ss. 34, 307, 326A, 498A
- Constitution of India art. 21
Key paragraphs
- Para 33. We do not see any real possibility of an early conclusion of the trial. The petitioner has spent more than four years and two months in judicial custody. On the touchstone of Article 21 of the Constitution of India, we feel constrained to allow…
- Para 99. The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)
Judgment
Ms. Minoti Gomes, Ms. Shanta Sarkar ……for the Petitioner. ……Petitioner. Mr. Debabrata Chatterjee, Mr. Rahul Ganguly ……for the State. Dictated by Arijit Banerjee, J. Service report filed by the State, be kept with the records. In spite of service, nobody appears for the defacto complainant. Charge was framed in April, 2022. As of date, only 1 out of 10 charge sheet named witnesses has been examined, that too, in part. We cannot overemphasize the importance of the fundamental right of a person to speedy trial and personal liberty. However grave the alleged offence be, however strong the prosecution case be, that would not justify indefinite incarceration of an accused person without taking the trial to its logical conclusion. Signed By : APURBA BANDYOPADHYAY High Court of Calcutta 5 th of December 2024 12:06:35 PM 2
We do not see any real possibility of an early conclusion of the trial. The petitioner has spent more than four years and two months in judicial custody. On the touchstone of Article 21 of the Constitution of India, we feel constrained to allow the petitioner’s prayer for bail. Accordingly, we direct that the petitioner, namely
NARAYAN ADHIKARY @ NAYAN shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat at Nadia, and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer- in-Charge of the concerned police station once in a fortnight until further orders.
The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court. 3
The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.