Akhil Ghosh granted bail

March 16, 2021

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Akhil Ghosh, Sudip Chongdar, and two others were arrested on December 4, 2010 from the Princep Ghat locality of Kolkata, West Bengal. The Maidan Police recovered a few walkie-talkies from them, which were alleged to have been used for terroristic activities. Charge-sheets were filed against them on April 29, 2011 but to this day charges have not brought forward.

The Division Bench of Judge Tapabrata Chakrabarty and Judge Tirthankar Ghosh granted them bail on March 3, 2021, around 10 years after they were charged with UAPA. They had been charged under IPC 121, 121A, 122, and 120B and UAPA 16, 18, and 20. But even after 10 years, the lower court did not bring forward charges in this case. At the trial, the defense lawyers Kaushik Gupta and Arijit Bagchi said β€œThe charge sheet was filed in 2011. But for the last 10 years, charges could not be brought forward. Under Article 21 of the Constitution, this goes against the right to life and freedom. Thus, Akhil Ghosh should be granted bail immediately. ”

The lawyers also mentioned that there were a number of Supreme Court rulings which supported this. In the Union of India versus K N Najeeb, the Supreme Court had ruled: β€œ This kind of delay violates the basic rights of the accused. It is against human rights.” The Divisions Bench granted bail to Akhil Ghosh after this.