HC grants bail to DYFI leader, restricts coercive action

Kolkata: The Calcutta High Court on Thursday granted bail to DYFI leader Kalatan Dasgupta and directed the police not to take any coercive action against him in the case where he has been arrested, or any other case which has been or may be registered against him, without the leave of the court.

Kalatan Dasgupta was arrested along with one Sanjib Das after an audio clip was floated by TMC leader Kunal Ghosh alleging conspiracy to attack junior doctors. The Bench of Justice Rajarshi Bharadwaj observed: “It is evident that arrest and detention was not carefully scrutinized to avoid unnecessary infringement on personal liberty. The petitioner, with no prior criminal record and no significant risk of fleeing or tampering with evidence, has been in custody since 14th September, 2024. Given the absence of any further need for custodial interrogation and the relatively minor nature of the alleged offense, this Court finds it appropriate to grant bail, ensuring that due legal process is upheld while safeguarding the petitioner’s fundamental rights”.

Further, the court said: “The petitioner is already in custody on and from 14th September, 2024 and the police authorities have recorded his statements under section 180 of BNSS, 2023. Therefore, this Court is of the opinion that there is no requirement of any further custodial interrogation of the charges levelled against the petitioner”.

“The respondent authorities are restrained from taking any coercive action against the petitioner in connection with the subject case where he has been arrested or any other case which has been or may be registered against him without the leave of the Court,” it was directed. Court further directed that the investigation in the case concerned shall proceed without any impediment.

“However, as the petitioner has already provided his statement and his mobile phone has been seized, he shall not be involved further in the investigative proceedings without the leave of this Court”.

The state was asked to “file an affidavit-in-opposition within four weeks, reply, if any, may be filed by the petitioner within four weeks

thereafter”.