'First Case Of His Life, No Likelihood To Repeat': Calcutta High Court Grants Bail To Former Andaman Chief Secretary Jitendra Narain In Gang Rape Case

Narain is implicated in offence(s) punishable under Sections 376 (C), 376 (D), 201, 506, 120 (B) IPC along with three others for which chargesheet has already been filed and two of the co-accused persons had been discharged in the chargesheet.

While allowing the bail application, the division bench of Justice Chitta Ranjan Dash and Justice Md. Nizamuddin held:

“This case being a first case in the life of the petitioner and he being not a history-sheeter, there is no likelihood of the offence being repeated by him. The petitioner being a officer of the Union of India and he being still in service there is also no chance of his absconding. We do not find materials to satisfy us that release of the petitioner on bail shall be a liberty to the petitioner to influence the witnesses or there is any danger of justice being thwarted by such order being passed.”

Earlier, Narain was extended transit bail (interim) protection by Delhi High Court and also was granted interim protection by Principal Bench of the Calcutta High Court.

The court observed that there is a prima facie case against Narain on the basis of police papers. The court further stated that the offence is grave and it attracts stringent punishment, if proved, and the same to be decided in the trial.

The court noted:

“It is not the law that on finding of a prima facie case of involvement of an accused in a grave offence attracting severe punishment, the bail sought for, should be rejected and the accused should be left to be incarcerated in complete derogation of his fundamental or basic right of liberty.”

The court further stated:

“the petitioner is an I.A.S officer and has already been transferred from here. Some of the witnesses having been declared to be protected as submitted by learned counsel for the State, and this being a Islands, if some stringent conditions are put, we are of the view that the petitioner shall not be in a position to influence any of the witnesses in these Islands.”

It thus directed that Narain be released on bail on such terms and conditions to be imposed by concerned Magistrate court, including the following conditions:

1. The petitioner shall not visit the Andaman & Nicobar Islands except for the purpose of attending the trial on proper receipt of notice from the Trial Court.
2. He shall not keep any contact with any person or official of these Islands by Phone or by any other mode of communication during the currency of this order.
3. He shall not threaten, induce or coerce any witness of the case in any manner, whatsoever, during the currency of this order by any means of communication.
4. He shall not leave the Union of India except on the permission by the competent authority of the Union of India on urgent official work.
5. The petitioner through his counsel shall submit his Passport before the Trial Court during the currency of the trial and in case of his official visit to outside, the Passport can be handed over to him by the Trial Court on proper application, being filed to that effect.

Case Title: Jitendra Narain v. The State (Union Territory of the Andaman and Nicobar Islands)

Coram: Justice Chitta Ranjan Dash and Justice Md. Nizamuddin

Citation: 2023 LiveLaw (Cal) 46

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