Sakil Hasan @ Md Sakil Hasan v. State Of West Bengal
09.12.2021 cm/ct 28 C.R.M. 6023 of 2021 sl no. 119 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tala P.S Case No. 24 of 2020 dated 11.03.2020 under Section 354/354D/509/385/506 of the Indian Penal Code.
And Allowed In Re : Sakil Hasan @ Md. Sakil Hasan ..... petitioner Mr. Arindam Jana Mr. S. Das ...... for the petitioner Mr. Ranabir Roychowdhury Mr. R.D. Nandi ...... for the State Petitioner is in custody for 600 days and it is contended that there is hardly any progress in the matter since the last rejection of bail by this court.
Learned lawyer for the State opposes the prayer for bail and submits the petitioner had uploaded objectionable pictures of the victim and blackmailed her.
We have considered the materials on record. Although the allegations are grave, we note that there is no progress in the matter since the last rejection of bail by this Court. Balancing the gravity of the offence at one hand against the protracted period of detention of the petitioner infracting his inflicting right of speedy trial under Article 21 of the Constitution on the other hand, we are of the opinion the petitioner may be granted bail.
Accordingly, the petitioner 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 ACJM Sealdah. Petitioner while on bail shall not enter within the jurisdiction of Tala police station and shall not access the social media platform or any other manner electronically. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM 6023 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)