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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, APURBA SINHA RAY
Sukomal Bhunia @ Sukamal Bhunia – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
APURBA SINHA RAY, J.
1. The petitioner claims that a co-accused namely, Ajit Kumar Mal was granted bail by a Co-ordinate Bench on 14.08.2024. The present petitioner is similarly circumstanced and as such on the ground of parity he prays for favouring him with a similar bail order.
2. The learned counsel for the State opposes the prayer for bail on the ground that the present petitioner is not standing on the same footing with the other accused persons who were granted bail by this Court.
3. The learned counsel appearing for the de-facto complainant raises vehement objection to the bail prayer. According to him, the earlier bail orders were granted to the concerned accused persons in the absence of the de-facto complainant or her learned counsel. Without hearing the submission of the learned counsel of the de-facto complainant, the Hon’ble Court cannot consider the bail prayers of the accused persons. In support of his contention he has referred to a judicial decision reported in (2022) 9 SCC 321 (Jagjeet Singh & Ors. Vs. Ashish Mishra alias Monu & Anr.)
4. The status report filed by the learned State counsel shows that there are 23 (twenty three) charge sheet named witnesses
Victims have the right to be heard in bail proceedings, but they are not necessarily required to be added as parties without statutory mandate.
The presumption of innocence until guilt is proven and the need to balance competing factors in granting bail.
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
Word ‘parity’ means the state or condition being equal or on a level; equality; equality of rank or status.
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