Md. Asik @ Basir Khan v. The Union Of India
21.03.2025 Serial no.28 Dd IA NO: CRAN/1/2024 in CRM (DB)/4553/2023 (An application for relaxation/waiver of condition of bail) In the matter of : MD. ASIK @ BASIR KHAN ... ... Petitioner Mr. Fazlur Rahman, Mr. Md. Babul Hussain, Advocates ... ... For the Petitioner Mr. Dhiraj Trivedi, sr. adv, DSG Mr. Amajit De, Special PP, CBI ... ...For the CBI
1. Two conditions imposed by the order granting bail dated August 29, 2024 are sought to be relaxed.
2. Learned advocate appearing for the petitioner submits that, Clause 6(ii) and (v) be relaxed.
3. Prayer is opposed on behalf of the Central Bureau of Investigation(CBI). Learned DSG submits that, trial is in progress. Witnesses are turning hostile and if the conditions as prayed for are relaxed it may affect the trial. Petitioner is likely to tamper with the evidence and influence trial. Trial is in progress.
4. Petitioner is a resident of Purulia. In course of hearing, learned advocate appearing for the petitioner submits that, petitioner will stay outside the jurisdiction of the Purulia District and will not enter such District save and except for the purpose of attending the trial. He also submits that the petitioner will inform the new address of the residence of the petitioner to the Investigating Officer as also to the learned trial Judge and will report before the officer-in-Charge of the local police station where he will be residing once in a fortnight.
5. In view of such submissions, we modify paragraph 6(ii) and (v) in the manner following:- (i) petitioner shall not enter into the jurisdiction of District Purulia save and except for the purpose of attending the trial. (v) petitioner will inform his current residential address where he proposes to stay outside the District of Purulia to the Investigating Officer as also to the learned trial Court. Petitioner will meet the officer-in-charge of the local police station where he will be residing, once in a fortnight until further orders.
5. All other conditions of the order granting bail dated August 29, 2024 will remain the same.
6. CRAN/1/2024 is disposed of accordingly.
(Debangsu Basak, J.) (Smita Das De, J.)