02.09.2025 Court No.04 Item No.17 Nandita CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 68 of 2025 With CRAN 1 of 2025 In Re:-An application for modification/relaxation of condition of bail. In the matter of: Dipen Maley @ Dipen Malay ….PETITIONER Mr. Janardan Periwal, …for the petitioner Mr. Rudradipta Nandy, Ld. A.P.P (VC) ….for the State In Re: CRAN 1 of 2025 1. This is an application filed at the behest of the petitioner with a prayer for modification/relaxation of conditions in the order of bail passed by the Co-ordinate Bench of this Court dated 15.05.2025. 2. By the said bail order, this Court while enlarging the petitioner on bail was pleased to direct, inter alia, that the petitioner shall not participate in any political agitation or in any political gathering or any protest meeting, during the period of trial. 3. Both the parties are represented. 4. Learned counsel for the petitioner submits that the aforesaid condition, though imposed, has now become too harsh and disproportionate. It is argued that political participation is an 2 integral part of his right under Article 21 of the Constitution of India. Total prohibition from political activity amounts to denial of his fundamental rights. It is further urged that there is no allegation of misuse of liberty granted to him. Hence, continuance of such a condition is no longer necessary. Moreover, there has been no complaint or allegation of misconduct or breach of bail conditions by the accused person till date. 5. So, it is said that the condition as imposed by this Court in the order of bail restraining the petitioner from participating in any peaceful political activity may be waived/relaxed. 6. Learned counsel for the State opposes the prayer but fairly concedes that after grant of bail the petitioner has complied with all other conditions imposed by the Court and no untoward incident has been reported. 7. It appears from the order passed by the Co-ordinate Bench of this Court dated 15.05.2025 wherein the petition with a prayer for bail filed on behalf of the petitioner was allowed with a condition that the petitioner shall not enter within the District of Darjeeling except Siliguri and the petitioner shall reside at Siliguri and shall meet the Inspector-in-Charge, Siliguri Police Station once in a week until further order along with a condition that this petitioner shall not participate in any political agitation. The instant application is filed with a 3 prayer for modification of that condition which restrained the petitioner from participating in any political activity. 8. Upon consideration of the rival submissions and materials on record, this Court finds that the condition restraining the petitioner from participating in political programmes, though imposed, has now become onerous and disproportionate. Bail conditions are intended to secure the presence of the accused during trial and to ensure that the investigation is not hampered. It cannot be so excessive as to infringe upon fundamental rights of the accused, particularly when there is no allegation of misuse of bail. It is trite law that conditions of bail should not be arbitrary or fanciful and must have a nexus with the purpose they are intended to serve. 9. Considering that the petitioner has abided by all bail conditions for a considerable period and that the continuation of the restriction upon him to participate in political programme would unjustifiably curtail his fundamental rights, this Court is of the view that the said condition requires modification. 10. Accordingly, the condition imposed in order dated 15.05.2025 restraining the petitioner from participating in any political agitation or in any political gathering or any protest meeting, during the period of trial is hereby waived. 11. All other conditions imposed in the earlier bail order shall remain unaltered. 4 12. Accordingly, the application being CRAN 1 of 2025 is hereby allowed. (PRASENJIT BISWAS, J.)