Petitioner Asit Barik Receives Bail Amidst Ongoing CBI Investigation and Controversy Over Late Accusation
In a significant ruling, the Calcutta High Court has granted anticipatory bail to Asit Barik, a petitioner involved in the post-poll violence murder case of 2021. The case, which has drawn considerable attention due to the gruesome nature of the crime, was investigated by the Central Bureau of Investigation (CBI) following initial probes by local authorities.
The petitioner, Asit Barik, was not initially named in the First Information Report (FIR) or the first charge sheet filed by the CBI. Barik, a neighbor to the victim, found his name surfacing in a subsequent statement made by the victim's brother in 2022. The CBI's investigation, which took over the case from Narkeldanga Police, led to the issuance of a summons against Barik by the Special Court, prompting his application for anticipatory bail due to fear of being remanded into custody.
During the hearing, the counsel for Barik argued that the petitioner was not the principal accused and highlighted the delayed accusation against him. It was noted that other co-accused in similar situations were granted bail, setting a precedent for Barik's application. The de facto complainant's counsel opposed the bail, citing that the petitioner was identified through evidence discovered post-investigation, including images captured on the victim's mobile phone.
Despite opposition from the CBI, which emphasized the heinous nature of the crime and political implications, Justice Jay Sengupta ruled in favor of granting anticipatory bail. The judgment took into account the maintainability of such applications even after the filing of charge sheets in cases involving non-bailable offenses, citing the Supreme Court's precedent that apprehension of arrest includes any form of detention or custody.
Barik's bail is contingent on furnishing a bond of Rs. 50,000 with two local sureties and adhering to conditions such as staying outside the jurisdiction of Narkeldanga Police Station for four months, except for legal proceedings. The court's decision underscores the principle that anticipatory bail applications are maintainable post-charge sheet filing, thereby safeguarding individual liberty against undue detention.
Bottom Line:
Application for anticipatory bail maintainable even after filing of charge sheet or issuance of summons in police case involving non-bailable offenses.
Statutory provision(s):
Section 438 of the Criminal Procedure Code, 1973
