Delhi, 30 May (H.S.): The Supreme Court revoked the bail of two accused in a 2021 West Bengal post-poll violence case, stating concerns over a fair trial. The case involves serious allegations of sexual assault and communal targeting, with the court noting that the accused’s actions instilled fear in political opponents. The High Court's earlier bail grant was found to be erroneous based on the charges' severity and the accused's efforts to disrupt the trial.
The case began with a complaint from a Hindu man in Gumsima village who alleged he and his family were attacked by Trinamool Congress supporters for backing the BJP in the state elections. The mob reportedly vandalized their home, stole property, and sexually assaulted the man's wife, who narrowly avoided further violence. Despite reporting difficulties with local police, who allegedly suggested they leave for safety, the family sought justice, leading to the Calcutta High Court tasking the CBI with investigating related incidents.
The FIR, filed on December 16, 2021, included several IPC sections involving unlawful assembly and rioting. The accused were arrested in November 2022, and their bail was challenged by the CBI in the Supreme Court, which ultimately emphasized the serious allegations and the need to uphold trial integrity.
The Court addressed a politically motivated attack on a complainant's home, intended to instill fear among opposing party supporters, emphasizing the threat posed by the assault on the complainant's wife to democracy. Although a charge sheet was filed in 2022, the trial faced delays due to the accused’s non-cooperation. The complainant's wife endured a violent struggle, narrowly escaping sexual assault, leading her to threaten self-immolation, which caused the attackers to flee. The Court deemed the gravity of the offense and potential trial interference significant enough to revoke the High Court’s bail orders. The accused were mandated to surrender within two weeks or face coercive actions. Upon surrender or arrest, they were to be remanded to custody, while the trial court was instructed to complete proceedings within six months. Furthermore, the West Bengal Home Secretary and DGP were responsible for ensuring the protection of the complainant and witnesses, and any higher forum stay orders on proceedings were considered vacated. The representation involved both CBI advocates and a defense attorney, underlining the legal complexity surrounding the case.
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Hindusthan Samachar / Jun Sarkar
