“Systematic attempt to keep Rakhal Bera, aide of BJP Leader Suvendu Adhikari in custody”: Calcutta High Court directs immediate release

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The Calcutta High Court, on August 2, directed immediate release of Rakhal Bera, close ally of BJP Leader Suvendu Adhikari, adding that the attempts to keep him behind bars pointed to “political vendetta” at behest of State machinery.

Justice Rajasekhar Mantha while passing orders of forthwith release added that no arrest of Bera shall be conducted without High Court’s permission.

“Considering the repeated attempts by persons to lodge one complaint after the other against the petitioner and in a planned and systematic manner and the repeated arrest after bail in one case or the other, this Court is persuaded to grant interim relief to the petitioner” the bench said.

Directions were issued against Bera to cooperate with the investigating authorities and State to submit a list of all pending cases against him.

“There appears to be a pattern being followed by police in coordination with one another in attempting to keep the petitioner in custody by hook or crook on one pretext or the other and by registering one FIR after the other,” Court observed.

It was informed by the Lawyer of Rakhal Bera that he was released on Bail by Additional Chief Judicial Magistrate, Sealdah, on July 23, in connection with a case at Maniktala Police Station, Calcutta. However, before being actually released, another case was registered against him on charges of promising a job in lieu of money and was arrested thereafter.

Lawyer for the accused contended that repeated cases were being set up against him on grounds of political rivalry and for being close to the leader of Opposition, Suvendu Adhikari.

Counsel for the State submitted that all FIRs were being instituted at the behest of private persons and the State was only dispensing its duty as per law.

It was added that substantial evidence was found against Bera in the subsequent FIR registered at Contai Police Station.

Case Title: Rakhal Bera v. State of West Bengal