29.02.2024
C.R.A. (DB) 28 of 2024
tkm/ct 28
CRAN 1 of 2024
sl no. 37
In Re : An appeal under section 21 of the National Investigation Agency
Act, 2008
and
Allowed In Re : Ohab Hossain @Vickey & Ors. … petitioner s
Mr. Anand Keshari
Mr. Sutapa Ghosh (Bose)
…… for the petitioner
Mr. Arun Kr. Maity
Mr. Bhaskar Prasad Banerjee
Mr. D Tandon
NIA
…… for the
Re : CRAN 1 of 2024
1. Application under section 5 of the Limitation Act praying for
condonation of delay in preferring the instant appeal has been
filed.
2. Being satisfied with the averments in the application, delay is
condoned.
3. CRAN 1 of 2024 is allowed.
Re : C.R.A. (DB) 28 of 2024
4. Appellants are in custody for 90 days. It is contended co-
accused are on bail. They pray for bail.
5. Learned lawyer for the NIA opposes the bail prayer.
6. We have considered the materials on record. A dispute
broke up between two groups in the city. Police intervened and
were injured. No member of either of the groups had suffered
injuries. Tension in the locality has subsided since then.
Investigation is complete and co-accused are on bail. Trial has not
commenced as yet.
2
7. Under such circumstances, we are inclined to grant bail to
the appellants subject to strict conditions.
8. Accordingly, the appellants be released on bail upon
furnishing a bond of Rs.50,000/- each (Rupees Fifty thousand
only) each, with two sureties of like amount each, one of whom
must be local, to the satisfaction of the learned Chief Judge, City
Sessions Court, Calcutta subject to condition that the said
appellants shall appear before the trial court on every date of
hearing until further orders and shall not intimidate witnesses or
tamper with evidence in any manner whatsoever and on further
condition that the appellants, while on bail, shall not enter the
municipal limits of Kolkata except for the purpose of attending
court proceedings and shall provide the address where they shall
presently reside to the Investigating Agency as well as the court
below and shall report to Check Pal Sehrawat, Dy. SP/CIO,
National Investigating Agency having office at NIA, 15th floor,
NBCC Square, Action Area-III, New Town, Kolkata - 700135 once
in a week until further orders.
9. In the event they fail to comply with any of the aforesaid
conditions, the trial court shall be at liberty to cancel their bail in
accordance with law without reference to this court.
10. The application being CRA (DB) 28 of 2024 is
disposed of.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)