The Calcutta High Court on 21 August 2025 granted anticipatory bail to ruling party leaders, including MLA Paresh Paul and two Kolkata Municipal Corporation councillors, in connection with a 2021 post-poll violence case. The matter stemmed from the murder of a political activist, investigated first by local police and later handed over to the CBI.
Delivering the order, Justice Jay Sengupta observed that once summons were issued instead of warrants, there was no justification for sudden custody.
"If a person has been free for many years and not arrested during investigation, to suddenly direct incarceration merely because a charge sheet has been filed would be contrary to the governing principles for grant of bail," the Court noted, citing earlier Supreme Court rulings.
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Allegations Against Petitioners
The prosecution relied on two main pieces of evidence: video clips recorded by the deceased before his death, naming Paul and others, and a speech delivered by the MLA twelve days before the incident, expressing disapproval of the victim’s activities. However, the Court highlighted that these materials were available as early as 2021, yet the CBI did not initially name the petitioners as accused.
Counsel for the complainant argued that the leaders instigated violence and conspired to eliminate political opponents. The CBI also opposed bail, citing the seriousness of the offence and the influence of the accused.
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The petitioners lawyers stressed that their names were missing in the original FIR and that charges were added only in a supplementary charge sheet filed four years later. They also argued that the petitioners had cooperated fully during the investigation. The Court agreed, pointing out the absence of direct evidence linking them to the actual assault.
On the issue of maintainability, the Bench clarified that anticipatory bail can be sought even after summons are issued, rejecting the contention that such applications are not valid post-charge sheet.
Bail Conditions and Restrictions
The Court allowed anticipatory bail with strict conditions. The accused must furnish bonds of ₹1,00,000 each with two sureties, avoid contact with the victim's family, and refrain from provocative speeches. They are also barred from leaving the country without permission.
In addition, petitioner Rajdip Singh was directed to furnish a bond of good behaviour under Section 129 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), following allegations of threats made during the pendency of the bail application.
Case No: CRM (A) 2487 of 2025
