10.9.2025 Court No.4 Item No.15 Samarpita CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 149 of 2025 With CRAN 1 of 2025 In Re: An application for modification/ relaxation of condition of bail dated 07.04.2025 under Section 483of the Bharatiya Nagarik Suraksha Santhia, 2023. In the matter of: Prakash Gurung ….Petitioner. Mr. Janardan Priwal … for the petitioner Mr. Rudradipta Nandy (Through V.C.) .. for the State In re: CRAN 1 of 2025 1. This is an application seeking for modification/ relaxation of conditions in the order of bail passed by the Co-ordinate Bench of this Court dated 7.4.2025. 2. By passing the said order, this accused-petitioner was enlarged on bail wherein some conditions were imposed by the Co-ordinate Bench of this Court. It is directed that the petitioner should not enter into the Darjeeling District except Siliguri and reside and meet the Officer-in-Charge, Siliguri Police Station once in a week until further orders. 2 Further condition which was imposed by the Co-ordinate Bench of this Court at the time of enlarging this accused- petitioner to the extent that this petitioner should not take part in any agitation or in any political gathering or any protest meeting. 3. It is said by the learned Advocate that the conditions which were imposed by the Co-ordinate Bench of this Court at the time of granting bail to this accused petitioner may be waived. It is said that, the Co-ordinate Bench of this Court in a case of Kunal Tamang & Anr. –Vs.- The State of West Bengal & Anr. (CRR 248 of 2025) has granted bail to the accused persons of that caseimposing conditions that the said accusedpersons should not threat or intimidate or tamper with any of the witnesses and with a further direction upon them to meet the investigating officer as and when directed.It is contended by the learned Advocate for the petitioner, that the conditions which were imposed by the Co-ordinate Bench of this Court on 7.4.2025, should be modified to the conditions as passed by the learned Co- ordinate Bench of this Court dated 04.9.2025, in connection with CRR 248 of 2025. 4. 4. Learned Counsel for the State opposes the prayer but fairly concedes that the condition as imposed by the Court 3 restarting this petitioner from taking part in any agitation or in any political gathering or any protest meeting may be waived keeping the other conditions as imposed in that order intact. 5. It appears that when this accused petitioner was granted bail by the Co-ordinate Bench of this Court some conditions were imposed upon this petitioner, which I have stated in the earlier paragraph. 6. Bail conditions are intended to secure the presence of the accused petitioner during trial and to ensure that the investigation is not hampered.At the time of the passing of the order those conditions were imposed by the learned Co-ordinate Bench of this Court, dated 7.4.2025 after considering the materials placed before the Court. While granting bail, the Court may impose certain conditions as safeguards to ensure the smooth conduct of trial, to secure the presence of the accused, and to prevent any possibility of interference with the administration of justice. Such conditions, however, are not meant to operate in perpetuity irrespective of the stage of proceedings. Rather, they are to be viewed as situational safeguards, warranted by the facts and circumstances existing at the time of the grant of bail. They are meant to operate only so long as they serve a 4 legitimate purpose in aid of investigation or trial, and must be revisited when circumstances materially change. 7. It is to be noted that while granting bail, the learned Co- ordinate Bench of this Court had imposed a condition restraining the accused from taking part in any agitation or in any political gathering or any protest meeting. The said restriction was imposed as a precautionary measure. Furthermore, participation in political rallies and gatherings is not only a matter of personal liberty, but also a facet of the fundamental right guaranteed by the Constitution of India. In the facts of the present case, the condition restraining the accused from participating in political rallies has outlived its purpose and its continuance would curtailment of his legitimate rights. 8. Accordingly, this Court is of the considered opinion that the condition imposed by the learned Co-ordinate Bench, restraining the accused from taking part in any agitation or in any political gathering or any protest meeting, deserves to be waived in the altered circumstances of the case. Such modification would strike a balance between safeguarding the course of trial and protecting the fundamental rights of the accused. 5 9. Accordingly, the condition imposed in order dated 07.04.2025 restraining the petitioner from taking part in any agitation or in any political gathering or in any protest meeting is hereby waived. 10. All other conditions imposed in the order bail dated 07.04.2025 shall remain unaltered. 11. Accordingly, the application being CRAN 1 of 2025 is hereby partly allowed. 12. Urgent Photostat Certified Copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Prasenjit Biswas, J.)