Bail – After the results of Assembly elections in the State of West Bengal, a gang of miscreants attacked the house of complainant – Assailants vandalized and looted the house of complainant – The wife of complainant was molested – Local police refused to lodge FIR and advised complainant to leave the village – Numerous incidents with like allegations took place in the State after the elections – The High Court directed CBI to investigate all the cases where the allegations of murder, rape or crime against women were involved – FIR was registered – Respondents-accused were arrested – However, the High Court granted bail – Correctness:
Held: Allegations against the accused respondents are so grave that the same shake the conscience of the Court – Furthermore, there is an imminent propensity of the accused persons adversely affecting the proceedings of the trial – The concerted attack on the complainant’s house was launched on the day of election results with the sole objective of wreaking vengeance because he had supported the saffron party – There is prima facie material to establish that the accused persons formed an unlawful assembly and launched a concerted attack on the house of the complainant vandalising the same and looting away the household articles – The complainant’s wife was viciously pulled by the hair and was disrobed – The accused persons were about to assault her sexually when the lady gathered courage to pour kerosene on her body and gave a threat of self-immolation on which the accused persons including the respondents herein fled away from the complainant’s house – The charge-sheet has been filed way back in the year 2022 and till date, the trial has not budged an inch – The prosecution has alleged that this delay is mostly attributable to non-cooperation by the accused persons including the respondents herein which fact is palpably established from record – Therefore, there is no possibility of a fair and impartial trial being conducted, if the accused respondents are allowed to remain on bail – Thus, on both counts, i.e., (i) the nature and gravity of the offence which is nothing short of an attack on the roots of democracy and (ii) the imminent likelihood of the accused adversely affecting a fair trial, the bail granted to the accused respondents has to be cancelled – Impugned orders reversed – Bail cancelled – Trial court directed to expedite the trial. [Paras 14, 17-22]
Bail – Considerations for grant of bail vis-à-vis cancellation thereof – Entirely different – Discussed. [Para 13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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