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IN THE HIGH COURT OF CALCUTTA
R. K. Bag, J.
The State of West Bengal – Petitioners
V.
Rakesh Kumar Singh – Respondent
CRM No.2757 of 2015
Decided On : 24.06.2015
CRIMINAL - BAIL - CANCELLATION - VIOLATION OF CONDITION - THREATENING WITNESSES - Rakesh Kumar Singh, the accused, was granted bail on the condition that he would not influence witnesses or leave the jurisdiction of Calcutta. However, he threatened the Investigating Officer and led miscreants to physically assault the companions of the de facto complainant and the prosecution witnesses outside the court room. The court held that this was a violation of the bail condition and misuse of liberty, and canceled the bail.
Fact of the Case:
The petitioner/State of West Bengal filed an application for cancellation of bail of the opposite party - Rakesh Kumar Singh under Section 439 (2) read with Section 482 of the Code of Criminal Procedure, 1973. The bail was granted to the opposite party by Learned Single Judge of this Court on February 27, 2014 in C.R.M. No.3434 of 2014 which arises out of Hastings Police Station Case No.9 of 2014 dated 06.01.2014 under Sections 341/323 of the Indian Penal Code, 1860 and under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court found that the accused had violated the condition of bail by threatening the Investigating Officer and leading miscreants to physically assault the companions of the de facto complainant and the prosecution witnesses outside the court room. This was a misuse of the liberty granted to him by the court, and the court held that the bail should be canceled.
Issues: Whether the accused had violated the condition of bail by threatening the Investigating Officer and leading miscreants to physically assault the companions of the de facto complainant and the prosecution witnesses outside the court room.
Ratio Decidendi: The court held that the accused had violated the condition of bail by threatening the Investigating Officer and leading miscreants to physically assault the companions of the de facto complainant and the prosecution witnesses outside the court room. This was a misuse of the liberty granted to him by the court, and the court held that the bail should be canceled.
Final Decision: The court canceled the bail granted to the accused on February 27, 2014 in C.R.M. No.3434 of 2014 in connection with Hastings Police Station Case No.9 of 2014 dated 06.01.2014 under Sections 341/323 of the Indian Penal Code read with Section 3(1) (x) of the Scheduled Casters and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
R. K. Bag, J.
The petitioner/State of West Bengal has prayed for cancellation of bail of the opposite party - Rakesh Kumar Singh by filing an application under Section 439 (2) read with Section 482 of the Code of Criminal Procedure, 1973. The bail was granted to the opposite party by Learned Single Judge of this Court on February 27, 2014 in C.R.M. No.3434 of 2014 which arises out of Hastings Police Station Case No.9 of 2014 dated 06.01.2014 under Sections 341/323 of the Indian Penal Code, 1860 and under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The backdrop of filing the instant application by the petitioner/State of West Bengal is as follows: On January 6, 2014 one Ajay Lal Hela filed a written complaint before the Deputy Commissioner of Police, South Division, Calcutta alleging humiliation, insult, assault and abuse by filthy language taking the name of the caste by a group of people headed by the opposite party on January 4, 2014 followed by abuse and insult by the opposite party by taking the name of caste of the de facto complainant. The said written complaint was treated as Hastings Police Station Case No.9 of 2014 dated 06.01.2014 under Sections 341/323 of the Indian Penal Code and Under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The police took up the investigation and charge-sheet was submitted on February 2, 2014. The opposite party was granted bail in the said criminal case by Learned Single Judge of this Court on February 27, 2014 in C.R.M. No.3434 of 2014 on condition that the opposite party shall not enter into the jurisdiction of the concerned place of occurrence without permission of the trial court and he shall not influence the witnesses and shall not leave the jurisdiction of Calcutta. On February 19, 2015 the trial court fixed the date for further examination of the de facto complainant Ajay Lal Hela. It appears from the order dated February 19, 2015 passed by the trial court in the said criminal case (SC and ST Case No.1 of 2014 arising out of Hastings Police Station Case No.9 of 2014 dated 06.01.2014) that one application was filed on behalf of the opposite party under Section 327 of the Code of Criminal Procedure alleging an incident of gesture during examination of the de facto complainant Ajay Lal Hela on the previous date of hearing i.e. February 18, 2015.
3. It appears from the copy of the application filed by the Assistant Commissioner of Police, Biswanath Chaki who happens to be the Investigating officer of the said criminal case (Annexure P4 to the revisional application) that on February 19, 2015 some miscreants under the leadership of the opposite party assaulted the companions of the prosecution witnesses including one Arvind Singh outside the court room immediately after closure of court proceedings of the said criminal case and the opposite party rushed to the Investigating Officer of the case, threatened him with dire consequences and tried to snatch the papers of the criminal case from him. This fact was brought to the notice of Learned Judge of the trial court by the Investigating Officer of the case immediately after this incident on February 19, 2015. However, Learned Judge of the trial court did not take any action on the ground that the police have already registered the criminal case and took up the investigation. The Hare Street Police Station Case No.107 of 2015 dated 19.02.2015 under Sections 307/34 of the Indian Penal Code was started against the opposite party and others on the basis of the written complaint submitted by Arvind Singh, who accompanied the de facto complainant and other prosecution witnesses before the trial court. Similarly, Hare Street Police Station Case No.108 of 2015 dated 19.02.2015 under Sections 353/506/379/511 of the Indian Penal Code was also started against the opposite party on the basis of the written complaint submitt
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