Tapas Kumar Palit Vs State of Chhattisgarh (Supreme Court of India)
The Supreme Court allowed the appeal against the Chhattisgarh High Court’s order refusing bail and directed the release of the appellant in a case involving offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, and the Indian Penal Code (IPC). The appeal arose from the High Court’s judgment dated 16 February 2024, which had declined to grant bail in connection with Sessions Case No. 32/2020 arising out of FIR No. 9/2020. According to the prosecution, on 24 March 2020, the appellant was travelling in a vehicle intercepted by the police based on prior information that it was carrying articles related to Naxalite activities. During the search, the police recovered 95 pairs of shoes, green-black printed cloth, two bundles of 100-metre electric wire, LED lenses, walkie-talkies, and other articles allegedly found in the conscious possession of the appellant. The appellant was arrested on the same day, and after investigation, a charge sheet was filed.
The Supreme Court noted that the trial was in progress, with the prosecution having examined 42 witnesses out of a proposed 100 witnesses. The Court observed that it had previously taken the view that once trial has commenced and witnesses are being examined, courts should ordinarily refrain from granting bail in serious offences. However, the Court found that the appellant had remained in judicial custody as an undertrial since 24 March 2020, had no criminal antecedents, and that the panch witnesses to the recovery panchnama had turned hostile. It further recorded that the State was unable to indicate the time likely to be required for completion of the evidence.
