STATE OF WEST BENGAL Vs. RAKESH KUMAR SINGH

JUDGEMENT

(1.) 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 submitted by Biswanath Chaki, the Investigating Officer of the case in connection with which the opposite party was facing trial before the Sessions Court. Since the opposite party created reign of terror by physically assaulting the companions of the de facto complainant outside the court room on the date fixed for trial of the criminal case and since the opposite party also threatened the Investigating Officer of the said criminal case with dire consequences by giving leadership to unknown miscreants outside the court room where the trial of the criminal case took place, the petitioner/State of West Bengal has prayed for cancellation of bail of the opposite party.