BALAI CHARAN MAITY Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Both the petitioners claim that they are innocent and they have been falsely implicated in this case. Initially, the State Police treated the petitioners as witnesses but unfortunately after the investigation being taken over by the National Investigation Agency ('NIA' in short), they were made accused in the case. However, the brief fact of this case may be narrated as hereunder:-

(2.) Learned senior Advocate Mr. Mukherjee has further pointed out that apprehending that the NIA will take coercive steps, the petitioners moved the Hon'ble Court and the Hon'ble Court directed NIA not to take coercive step till the panchayat election 2023 was over and further they may be interrogated by the NIA personnel for a stipulated period of time. The NIA did not issue notice thereafter, but only when the process of general election 2024 ensued, the NIA authority started sending notices under Sec. 160 Cr.P.C. only to harass the petitioners who had a long association with a political party. The learned counsel has categorically stated that such notices were issued only to harass the present petitioners and also for political purposes.

(3.) The learned counsel has further submitted that considering the period of detention of the petitioners and also taking into consideration the fact that the investigation is completed by the NIA, the petitioners may be enlarged on bail on any condition as the court may decide. As the names and particulars of the protected witnesses are kept in sealed envelopes they are not aware of the identity of such witnesses and therefore there is no chance for the petitioners to intimidate/influence those witnesses. Furthermore, the petitioners have deep roots with Bhupatinagar, District Purba Medinipur, and all their properties, relatives are in the said area and therefore there is no flight risk. In recent judicial decisions of the Apex Court, it has been categorically observed that a citizen's fundamental right for speedy justice cannot be over-looked even if the allegation is serious. No consideration is higher than the personal liberty of a citizen under Article 21 of the Constitution of India. As there are 78 witnesses in this case and the charge is yet to be framed, there is practically no chance of an early conclusion of the trial and hence the petitioners may be enlarged on bail on any condition.