Calcutta High Court Grants Bail to Murder Accused After 12 Years in Jail Citing Article 21

Calcutta High Court Grants Bail to Murder Accused After 12 Years in Jail Citing Article 21

Last Updated Jun - 03 - 2025, 05:55 PM | Source : Fela News

After over 12 years in jail, two murder accused granted bail by Calcutta HC on grounds of right to life under Article 21. Trial delays and lack of progress cite

The Calcutta High Court has granted bail to two undertrial prisoners accused of murder, citing their prolonged incarceration of over 12 years as a violation of their right to life under Article 21 of the Indian Constitution.

The accused—Munna Dhali and Nabu Dhali—have been in custody since 2012, in connection with the murder of four individuals, including their employer Dipak Bhattacharya, his mother, and two domestic workers. The killings took place on September 6, 2012, at Bhattacharya’s home on Biren Roy Road in the Thakurpukur police station area of South 24 Parganas district, West Bengal. All four suspects were arrested on September 9 that year.

In a ruling delivered on May 15, Justice Suvra Ghosh allowed their bail plea, emphasizing that the decision was based entirely on Article 21 and did not consider the merits of the case. The judge remarked that this was the first time the two petitioners had sought bail during their lengthy incarceration.

Previously, another co-accused, Rajesh Das, was granted bail on similar constitutional grounds, while a fourth accused, Sattar Mondal, was denied bail due to the severity of the crime and previous rejections of his bail pleas.

Justice Ghosh noted that although the prosecution had committed to examining five more witnesses within two months from February 24, 2025, no meaningful progress had been made in the trial.

She ordered that Munna and Nabu Dhali be released on bail upon furnishing personal bonds of ₹10,000 each, along with two sureties of the same amount, one of whom must be a local resident. The accused are also required to attend all court hearings and are prohibited from influencing witnesses or tampering with evidence in any way.

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