Mukesh Thakur on 23 April, 2025

Calcutta High Court (Appellete Side)

Along With Sections 25/27 Of The Arms Act vs In Re : Mukesh Thakur on 23 April, 2025

Author: Suvra Ghosh

Bench: Suvra Ghosh

23.04.2025
Item No.73
Ct.No.34
rc.

Allowed

C.R.M. (DB) 798 of 2025

In Re : An Application for bail under Section 439 of the Code
of Criminal Procedure read with Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with
Burrabazar Police Station Case No. 66 of 2012 dated
12.02.2012 under Sections 302/34 of the Indian Penal Code
along with Sections 25/27 of the Arms Act.

                                      And

             In Re :         Mukesh Thakur
                                                                 ... Petitioner


             Mr. Apalak Basu
             Ms. Sanghamitra Mridha
             Mr. Shuvam Kanjilal                         ... for the Petitioner

             Mr. Debasish Roy
             Mr. Arijit Ganguly
             Mr. Koushik Kundu                               ... For the State

Heard learned counsels for the parties.

The petitioner is in custody for more than 10 years

and prays for bail.

Opposing the prayer, learned counsel for the State

submits that the delay in trial is largely attributable to the

petitioner whose learned counsel took several adjournments

for cross examination of PW-14. The prosecution proposes to

examine 15 more witnesses.

On merits, the bail prayer of the petitioner was turned

down by this Court earlier. Delay in trial is attributable to

system reasons besides the conduct of the learned counsel

for the petitioner. Without going into the merits of the case
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further, this Court is of the view that the petitioner ought to

be released on bail solely on the touchstone of Article 21 of

the Constitution of India in view of the protracted

incarceration and delay in trial. It is worth mentioning that

examination of another 15 witnesses shall take some time

and chances of conclusion of trial in near future is bleak.

Accordingly prayer for bail of the petitioner is allowed.

The petitioner Mukesh Thakur, be released on bail

upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand

only), with two sureties of like amount each, one of whom

must be local, to the satisfaction of the learned Chief

Judicial Magistrate, Calcutta subject to condition that the

petitioner shall remain within the jurisdiction of the

Burrabazar Police Station and shall furnish the address

where he shall presently reside and his mobile phone

number before the learned trial Court, Investigating Officer

and the Officer-in-Charge of the concerned police station

under whose jurisdiction he shall henceforth reside. The

petitioner shall not change the said mobile phone number

without intimation to the learned trial Court, the

Investigating Officer and the Officer-in-Charge of the

concerned police station. The petitioner shall appear before

the learned trial Court on every date of hearing. He shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fails to comply with any of

the conditions as mentioned above without justifiable cause,
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the learned trial Court shall be at liberty to cancel his bail in

accordance with law without further reference to this Court.

The application for bail is, thus, disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)