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Judgment
The petitioner was granted anticipatory bail by an order dated November 8, 2017. One of the conditions imposed by the relevant order was that the petitioner would not enter any place within the jurisdiction of Jangipara Police Station.
C.R.A.N. 1466 of 2018 has been filed by the petitioner for relaxation of such condition.
C.R.M. 115 of 2018 has been filed by the de facto complainant for cancellation of the bail.
The charge-sheet has been filed.
There are two reports from the Jangipara Police Station, one of June, 2018 and another of October, 2018. These reports are pursuant to the complainant's allegation that the petitioner violated the relevant condition and entered the jurisdiction of Jangipara Police Station.
The petitioner seeks relaxation on the ground that he has not been home for more than a year and his education has stopped because he cannot attend his college.
In support of the petition for cancellation of bail, the complainant had relied on some photographs and it has been corroborated by the report filed by the investigating agency that the photographs are of November or December, 2017 and reveal that the petitioner entered the jurisdiction of Jangipara Police Station. The report also claims that the petitioner may not have entered Jangipara Police Station on a regular basis and had, in any event, undertaken not to violate the relevant condition.
Since the charge-sheet has long been filed and it has been more than a year that the petitioner has not entered his locality, it may be harsh, considering the nature of the charges faced by the petitioner, to keep him out indefinitely. It is true that the petitioner appears to have violated one of the conditions on which he was granted anticipatory bail, but such violation appears to be more than a year back.
Considering the entire circumstances, there may not be any further need to keep the petitioner outside the jurisdiction of Jangipara Police Station, though the other conditions will remain and any subsequent offence on the part of the petitioner will visit him with the strictest of consequences.
C.R.A.N. 1466 of 2018 and C.R.M. 115 of 2018 are disposed of.
It is also necessary to request the relevant trial court to ensure that the trial commences as expeditiously as possible. It is also recorded that it will be incumbent on the petitioner to attend the trial on every date fixed and any default on his part will entitle the trial court to cancel the bail without reference to this Court.
Certified photocopies of this order be immediately made available to the parties upon compliance with all requisite formalities.