Anticipatory bail granted based on the absence of immediate incriminating evidence, focusing on procedural fairness and the evolving nature of accusations in a murder case stemming from post-election violence.

JUDGMENT

Jay Sengupta, J:

1. This is an application for anticipatory bail, in connection with Sessions Case No. 06 of 2025 under Sections 302/341/323/506/427/354/201/34 of the Penal Code arising out of CBI Case No. RC Case No. – 056-2021-S-0008 dated 25.08.2021 which, in turn, arises from Narkeldanga Police Station Case No. 124 dated 02.05.2021.

2. Learned counsel appearing on behalf of the petitioner submits as follows. The present petitioner is not the principal accused. He was neither named in the FIR nor in the first charge sheet submitted by the CBI. The petitioner is a neighbor of the alleged victim/deceased and the victim/brother of the deceased. There was a criminal case started earlier against the present petitioner with the allegation that he had assaulted the said victim. Inspite of all these, it appears that the present petitioner was not specifically named by the victim as one of the assailants in this case at the time of making his first complaint. The petitioner’s name cropped up only in a subsequent statement made by the present victim in the year 2022. Now, the present petitioner has been shown as an accused in a charge sheet filed by the CBI in this case. Summons was issued by the Special Court. The petitioner apprehends that he may be taken into custody in connection with the instant case once he appears before the learned Court. Earlier, two other co-accused were similarly treated and taken into custody. They were thereafter granted bail by this Court. Some other similarly circumstanced co- accused who was named by the petitioner at a later point in time were also granted anticipatory bail by this Court.

3. Learned counsel appearing on behalf of the de facto complainant opposes the prayer of anticipatory bail. He submits that the victim/elder brother of the deceased had lodged an FIR on 03.05.2021, which would contain names of certain accused, but not the petitioner because the de facto complainant was witness to the first part of the attack and not as regards the last part where some accused entered into the residence of the victim/deceased and thereafter the victim was murdered. On 25.08.2021, the CBI took up the investigation. In the mean time, the mobile phone of the deceased victim was found in the rubbles. It was also found that the victim had captured the image of the present petitioner when he was entering the residence to attack. Before this point, the petitioner did not know about such facts and therefore, had no occasion of naming of the petitioner in his complaint. The charge sheet was filed on 30.09.2021, which did not contain such details. This prompted the petitioner to write a letter to the CBI to have his statement recorded before a learned Magistrate. On 08.02.2021, the de facto complainant gave a statement before the learned Magistrate taking the name of the petitioner as one of the assailants.

4. Learned counsel appearing on behalf of the CBI strongly opposes the prayer for anticipatory bail. He submits that the case involves a most gruesome murder that took place in the post poll violence that ensued after the election in 2021 and was orchestrated by the members of the ruling political dispensation. The mother of the victim was made to sign on blank paper and a softer and different version was taken down as the FIR. The actual facts only came out in installments at later dates.

5. During the proceeding, the counsel for the CBI accompanied by an officer was asked to play the relevant video footages which had been produced by them before the Court in a pendrive. The same was perused in the chamber before the learned counsel for the CBI and the officer. It could be seen from the footages that the elder brother of the victim/deceased along with others were watching a CCTV camera and could locate a person on the main road and beyond the lane from which he was viewing the thing going along the road from right to the left. It was mentioned on behalf of the CBI that although the figure could be hardl