In the Court of the Learned 8th
Additional District Session Judge, at Alipore South 24 Pargana.
Case No. : Session Trial No. 5(3) of 2012
In the matter of ;
State
Versus
Abhishek Shaw & Others
…….Accused
An application
for Bail on behalf of the accused Abhishek Shaw;
The humble petition on behalf of the accused most
respectfully;
Sheath as under :
1.
That the petitioner is in judicial
custody since the date of his arrest. He was arrested on 01/02/2011, while he
was a finial year student of B.Com at Prafulla Chandra College. His arrest
spoiled his future education.
2.
That the present session trial is
continuing into an FIR No. 15 of 2011 registered at Ballygunge Police Station
on 30/01/2011, which started on the basis of a complaint lodged by one Smt.
Rekha Roy, alleging commission of offence under Section 302/394/34 of the
Indian Penal Code. Two others were booked for such alleged crime.
3.
That the allegation made in the
aforesaid complainant are in effect that the elder brother of the complainant
who had a habit of drinking and is a two time divorcee along with the mother of
the complaint were allegedly found dead on the morning of 30/01/2011 by the
police in their resident and that the accused person have allegedly murdered
her brother and mother and robbed gold ornaments.
4.
The trial is currently pending for 13
years, 1 month, 12 days, till the day of placing this petition. The accused Abhishek
Shaw is in judicial custody for 4,789 (Four Thousand Seven Hundred and Eighty
Nine) days, till the day of placing this petition. The trial is continuing and
only 17 out of 36 no. of prosecution witness have been examined in 13 years, 1
month, 12 days, and there is a delay in the conduct of the trial and the conduct
of accused has not contributed to the delay. Such delay in trial is causing
mental anguish to the Petitioner and his basic right to Expeditious trial is
being trampled upon.
5.
That during the trail, prime witness
and defacto complainant Smt. Rekha Roy has been examined, and thereby she did
not disclose any substantial material or facts against this accused
person.
6.
That it has been more than Twelve 13
years, 1 month, 12 days, since has not seen the light of normal life except for
the day of 05/12/2019 when he was released on payroll for fulfilling the last
rites of his deceased mother. The conduct of the petitioner was in cooperation
with the police and the petitioner had duly surrendered before the police after
that.
7.
That in view of the outbreak of
pandemic, possibility of earn conclusion of trial is also bleak and the health
of the petitioner is potential danger of being exposed to the contagion in
the correctional home as it is proven
that the disease caused due to the deadly COVID-19 virus does not discriminate
a person in term of age and health and can happen to anyone. It would be in the
interest of justice to allow the present petitioner who has been away from home
for so long to be united with his family members and that they have lost an
important family member recently. Hence the petitioner may be released on
interim bail during such difficult time of medical emergency where social
distancing and a good hygiene is of utmost priority.
8.
That the accused has a family
comprising of his father, younger brother, married sister and other relatives.
This shows he has roots in society and there is no chance that he will abscond
during the bail period. After so many years he wants to jut reside with his
family.
9.
That the petitioner is innocent and
has been falsely implicated in connection with the present case with an
ulterior motive.
10.
That the entire matter is based on
circumstantial evidence and there is no eye witness. The Prosecution has taken 13
years, 1 month, 12 days, to examine only 17 PWs and rest of the witnesses may
take some more years to be examined. In such scenario, the chance of
prosecution to even make a case at the end of the trial seems bleak.
11.
That the petitioner is a young man and
was a final year student of B.Com and has his whole life and a bright future
ahead of him and he has already served under-trial jail time for 13 years, 1
month, 12 days.
12.
That there is no chance of petitioner
tampering the witness as he will be confined within the boundaries of his
residence and moreover the petitioner undertakes to stay away from all the
witnesses in any manner whichever possible.
13.
That the petitioner is a permanent
resident of locality, and his father wants to take care of him and during the
period of pandemic, so there is no chance of his absconding and/or evade law
and justice.
14.
The petitioner undertake to co-operate
with the prosecution agency, in all possible manner whatsoever, and shall be
accessible to the officer in charge of the Local Police Station at all times
during the bail period in the event your petitioner is granted Bail by this
Learned Court.
15.
The petitioner will abide by the terms
and conditions as may be imposed upon your petitioner at the time of granting
Bail by this Learned Court.
16.
This petition is made bonafide and in
the interest of administration of justice.
It
is therefore prayed that your Honour would graciously be pleased to direct the
release of your petitioner on Bail at any terms and condition, as the Learned
Court may determine in the interest of administration of Justice, and or to
pass such necessary order or orders as your Honour may dim feet and proper for
the end of justice.
And for this
act of kindness, the petitioner is in duty bound shall ever pray.
