Raju Rao vs Unknown
2021 Latest Caselaw 4286 Cal

12. 17.08.2021 Ct.32 Tanmoy Allowed C.R.M. 4226 of 2021

In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 22/06/2021 in connection with Bantra Police Station Case No. 116 of 2010 dated 24/10/2010 under Sections 395/397/412 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act.

And

In the matter of: - Raju Rao

....petitioner.

Mr. Soumya Basu Roy Chowdhuri ...for the petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Dipankar Paramanick ...for the State.

The petitioner is charged with offences punishable under

Sections 395/397/412 of the Indian Penal Code read with

Sections 25 and 27 of the Arms Act. He is in custody for 10

years and 8 months.

Learned State Advocate says that all 37 witnesses have

been examined. The trial may be concluded within three months

and judgment may be delivered.

We find that other co-accused persons, standing on the

same footing as the petitioner, have been enlarged on bail by co-

ordinate Benches of this Court. We are of the view that just

because trial may be concluded and the case may be disposed of

by the learned Court below at an early date, that is per se no

reason for continued detention of the petitioner. 10 years and 8

months is a very long period. Article 21 of the Constitution of

India has to be given due regard.

In view of the aforesaid, we are inclined to allow the

petitioner's prayer for bail.

Accordingly, we direct that the petitioner 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 learned Additional Chief Judicial Magistrate, Fast

Track Court, Howrah, on condition that the petitioner shall

appear before the trial Court on every date of hearing and shall

meet the Officer-in-Charge of the Police Station within the

jurisdiction of which he resides once every fortnight until further

orders and shall not leave the district without leave of the

Officer-in-Charge. The petitioner is further directed not to

intimidate the witnesses and/or tamper with evidence in any

manner whatsoever and shall not commit similar offence in

future.

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.

The application for bail being C.R.M. 4226 of 2021 is,

accordingly, disposed of.

All parties shall act in terms of server copy of this order

downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Arijit Banerjee, J.)