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2025 DIGILAW 54 (SC)

Sk. Md. Anisur Rahaman v. State of West Bengal

2025-01-03

ABHAY S.OKA, AUGUSTINE GEORGE MASIH

body2025
ORDER Leave granted. 2. Heard the learned senior counsel appearing for the appellant, the learned senior counsel appearing for the respondent-State of West Bengal and the learned senior counsel appearing for the second respondent (complainant). 3. The appellant is in the custody for the last 5 years and 2 months. As per order dated 17th March, 2023 passed by this Court, the trial was expected to be completed within six months. As of today, out of 114 witnesses, 75 have been examined. 4. We have perused the notes of evidence. Considering the facts of the case and the role attributed to the appellant, the appellant deserves to be enlarged on bail subject to stringent conditions. One of the conditions will be that the appellant will remain confined to the city of Kolkata after his release on bail and shall mark the attendance every day at appropriate Police Station as may be directed by the Trial Court. Another condition will be that if it is found that the trial is being delayed at the instance of the appellant due to either his non-cooperation or his advocate indulging in unnecessary long cross-examination, the bail will be liable to be cancelled. 5. Apart from the aforesaid conditions, usual conditions shall be imposed which will ensure that the appellant does not tamper with the prosecution evidence and prosecution witnesses. 6. The State will have to cooperate with the Trial Court by ensuring the presence of all official witnesses. The State will have to render all effective assistance to the Special Public Prosecutor appointed under the orders of this Court. 7. We direct the State to render all possible cooperation to the Special Public Prosecutor by ensuring that all official witnesses remain present before the Court. We also direct the State to ensure that if any witness needs the protection, he/she shall be provided adequate protection. 9. We direct that the appellant shall be enlarged on bail till the conclusion of the trial by producing him before the Trial Court within a maximum period of one week from today. The Trial Court shall fix appropriate terms and conditions including the conditions incorporated above. The Trial Court shall give hearing to the counsel for the State and the second respondent on the terms and conditions of bail. 10. The Trial Court shall fix appropriate terms and conditions including the conditions incorporated above. The Trial Court shall give hearing to the counsel for the State and the second respondent on the terms and conditions of bail. 10. In the event the appellant commits any breach of the terms and conditions, it will be always open for the respondents to apply to this Court for cancellation of bail. 11. The appeal is accordingly disposed of.