Soni Oraon v. The State Of West Bengal

02.12.2024 SL No.7 srm/Mujahid (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (DB) 639 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S. 2023 filed on 25.11.2024 in connection with Malbazar P.S. Case No. 27/2011 dated 24.01.2011 under Section 302 of the Indian Penal Code.

And In the matter of: Soni Oraon ....Petitioner Mr. Bablu Mitra, Ms. Rupa Shil ...for the petitioner Mr. Nilay Chakraborty, Mr. Sajiv Das ...for the State The petitioner prays for bail. The petitioner is in custody for 14 years.18 witnesses have been cited in the charge-sheet. 5 of the witnesses have been lastly examined in 2018. There has been no progress since then.

Learned Additional Public Prosecutor opposes the prayer for bail on the ground that the petitioner had committed a heinous offence.

Considering the prolonged incarceration and the fact that after 2018 not a single witness has been examined and the prosecution has failed to produce other witnesses, we are inclined to grant bail to the petitioner on the touchstone of Article 21 of the Constriction of India.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of equal amount each, to the satisfaction of the learned Additional Sessions Judge, Mal, Jalpaiguri. The petitioner will attend the learned trial court on the dates fixed. The petitioner shall not leave the territorial jurisdiction of the Court till the conclusion of trial. The petitioner shall not intimidate witnesses. In the event the petitioner fails to comply with the conditions as stated hereinbefore, it is open to the learned trial court to cancel the bail of the petitioner without any further reference to this Court.

The application for bail is, thus, allowed.

(Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)