In Re : Sanjib Roy vs State Of Bihar
2021 Latest Caselaw 3124 Cal

02.06.2021 Court No.28

Krishnendu Bail Granted CRM 3720 of 2021 (Via video Conference)

In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;

And In Re : Sanjib Roy Petitioner Mohammad Khairul For the Petitioner Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Bibhaswan Bhattacharya For the State

The present application under Section 439 of the Code of

Criminal Procedure has been preferred by the petitioner in

connection with Habra Police Station Case No. 990 of 2018 dated

05.12.2018 under section 21(b)(ii)(C) of the N.D.P.S. Act.

Mr. Khairul, learned advocate appearing for the petitioner

submits that the petitioner has been falsely implicated. The

allegations levelled against him are in the abstract. Upon

completion of investigation, charge sheet has been filed and the

petitioner is in custody since 5th December, 2018. Out of seven

witnesses, only two witnesses have been examined and in view

thereof, there is no possibility towards conclusion of the trial in

the near future. He further submits that deprivation of personal

liberty without ensuring speedy trial would not be in consonance

with the right guaranteed under Article 226 of the Constitution

of India.

Mr. Bapuli, learned advocate appearing for the State

opposes the petitioner's prayer and submits that the contraband

substance above commercial quantity was recovered from the

possession of the petitioner and as such he is directly involved in

the alleged offence. Trial is in progress and the delay, which has

occasioned towards conclusion of trial, is not totally attributable

to the State. He further submits that the petitioner's prayer for

bail was last rejected on 9th December, 2020 and thereafter, the

pandemic intervened. However, answering to a Court's query,

Mr. Bapuli submits that no other criminal case is pending against

the petitioner. In support of such contention, he has placed a

letter of the Inspector-in-Charge, Habra Police Station. Let the

same be kept on record.

We have heard the learned advocates appearing for the

respective parties and considered the materials in the case

diary.

In consideration of the present pandemic situation and

rapid proliferation of the virus, bail prayer needs to be

considered liberally. The petitioner is languishing in custody

since 5th December, 2018 and there is also no possibility towards

conclusion of the trial in near future. We also do not find that the

petitioner has any criminal antecedent. Article 21 of the

Constitution of India creates a right in favour of the accused to

be tried speedily and long delay may be taken as presumptive

proof of prejudice. [See the judgments delivered in the cases of

Hussainara Khatoon - Vs- State of Bihar, Patna, reported in 1980

1 SCC 81 and Abdul Rehman Antulay & Ors. -Vs- R.S. Nayak &

Anr., 1992 1 SCC 225 and the order passed by the Hon'ble

Supreme Court in Re: Contagion of Covid-19 Virus in prisons and

the judgment delivered in the case of Shaheen Welfare

Association - Vs- Union of India & Ors, reported in (1996) 2 SCC

616]

In the said conspectus and without going into the merits

and demits of the rival submissions, we are of the opinion that

further detention of the petitioner is not warranted in the facts

and circumstances of the case.

Accordingly, we direct that the petitioner, namely, Sanjib

Roy, 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 Special Judge

under N.D.P.S. Act, Barasat on condition that the petitioner shall

reside within the jurisdiction of Habra Police Station and shall

meet with the Officer-in-Charge of Habra Police Station once a

fortnight. He shall also attend the learned Trial Court on all the

dates, as specified for hearing.

It is further directed that the petitioner shall not tamper

with the evidence or intimidate the witnesses.

In the event he fails to comply with the aforesaid directions,

without any justifiable cause, the learned Court below shall be at

liberty to cancel his bail, in accordance with law, without further

reference to this Court.

With the aforesaid observations, the application for bail,

being CRM No. 3720 of 2021, is disposed of.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court.

    (Shampa Sarkar, J)                                      (Tapabrata

Chakraborty, J)