In The Matter Of vs Indrajit Karmakar Alias Khudu & Ors

Report is placed on record wherein it is stated that the Petitioner Nos.2 and 3 were identified in the course of trial and do not stand on the same footing with Arnab Dam who released on bail. Petitioner No.1, Indrajit Karmakar, was not identified by the witnesses but he has criminal antecedents.

It is submitted on behalf of the petitioners that the petitioners are in custody for about 6 years 10 months, 3 years 8 months and 5 years 8 months respectively. Evidence against them are vague and non-specific. There is little possibility of the trial concluding in the near future.

Learned lawyer for the State opposes the prayer for bail and submits that petitioners were members of an unlawful political organization and had played role in killing 24 police personnel.

We have considered the materials on record. Allegations in the present case are extremely grave. However, we note with concern the slow and tardy progress in the trial of the case. In view of the aforesaid circumstances, this court was constrained to enlarge co-accused Arnab Dam on bail in CRM 3226 of 2019. From the report submitted before us it appears that petitioner No.1 stands on the same footing with Arnab Dam who is on bail, although it is submitted that the petitioner No.1 has some criminal antecedents. In view of the protracted period of detention suffered by the petitioner No.1 i.e. over 6 years 10 months and as he stands on the same footing with Arnab Dam who is on bail and none of the witnesses have identified him during trial, we are inclined to grant bail to the petitioner No.1.

Accordingly, we direct that the petitioner No.1 shall be released on bail upon furnishing a bond of Rs.50,000/- (Rupees Fifty Thousand Only) with five local sureties of Rs.10,000/- each, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipore, on condition that petitioner No.1 shall not leave the jurisdiction of Belpahari Police Station while on bail except for attending the trial and other criminal proceedings until further orders. petitioner No.1 shall report to the officer-in-charge of Belpahari Police Station every alternate day until further orders. petitioner No.1 shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and petitioner No.1 shall attend before the trial court on every date of hearing and shall not seek any adjournment on his behalf and in the event petitioner No.1 fails to do so, the trial court shall be at liberty to cancel his bail without further reference to this Court.

With regard to Petitioner Nos.2 and 3, we note that they do not stand on the same footing with co-accused Arnab Dam and they have been identified by some of the witnesses during trial. Accordingly, we are not inclined to grant bail to the petitioner Nos.2 and 4 at this stage.

In view of the gravity of the offence involving death of a number of police personnel and the protracted detention suffered by undertrials, we direct the trial court take all necessary steps to conduct the trial on a day to day basis and conclude the same at an early date preferably within a year from the next date fixed for recording evidence.

Legal Remberancer, Government of West Bengal and Director General and Inspector General of Police shall monitor the trial and ensure prompt attendance and examination of prosecution witnesses during the trial of the case.

Department is directed to communicate this order to the trial court, Legal Remberancer, Government of West Bengal and Director General and Inspector General of Police for due compliance.

The application for bail is, thus, disposed of.

Let xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be handed over to the concerned parties for due compliance upon completion of usual undertaking.