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Time of India
5 hours ago
- General
- Time of India
Woman seeks bail for live-in partner she charged with abuse of minor daughter
Kolkata: In a bizarre turn of events, a Salt Lake-based entrepreneur, who lodged a complaint against her live-in partner for allegedly abusing her minor daughter leading to his arrest under Pocso charges, pleaded for his bail in Calcutta High Court on Tuesday because her "child misses her father (the live-in partner)". The woman told the HC that while her partner "is dying in prison", she was "dying outside". The court granted bail to the accused, who is at Dum Dum Central Jail since Aug 8, 2024, stating that "there is no immediate chance of conclusion of trial". Moving the bail plea before Justice Prasenjit Biswas, senior advocate Phiroze Edulji argued that Pocso charges were being "weaponised" in this case. Edulji said the woman met the accused in prison, and the minor daughter, who was allegedly abused, refused to corroborate the claims before the trial court. The state had to declare the child a "hostile witness", he said. The state counsel opposed the bail plea, citing several "incriminating documents" about the involvement of the accused in the crime. The state argued that it would be risky to grant bail when the trial was ongoing, and that the accused could tamper with evidence. Edulji said: "The woman said she lodged the complaint in a fit of rage. Her daughter, she said, misses her partner." "Failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution," Justice Biswas said. The court noted that the victim girl (PW1), who already deposed before the trial court, was examined on Jan 8, 2025. It also noted that the victim girl was declared "hostile" by the prosecution, and nothing came out after her cross-examination. It was also noted that the de facto complainant didn't turn up in trial court on several dates despite receiving summons, the latest being on May 7. Justice Biswas directed the accused to furnish a bail bond of Rs 20,000 and directed him to appear before the Pocso special court, Barasat, on each hearing date. The court also asked him to stay outside the jurisdiction of Bidhannagar Police Commissionerate until further orders.
Hindustan Times
17 hours ago
- Hindustan Times
Cal HC grants bail to murder accused citing Article 21 of Constitution over trial delay
Kolkata, The Calcutta High Court has granted bail to two murder accused undertrials on the ground of right to life under Article 21 of the Indian Constitution as they have been incarcerated for more than 12 years. The two - Munna Dhali and Nabu Dhali, along with two others, are accused of murder of four persons in 2012 at Thakurpukur police station area in West Bengal's South 24 Parganas district and have been awaiting completion of trial in the case. "Without touching the merits of the case and solely on the anvil of Article 21 of the Constitution of India, prayer for bail is allowed," Justice Suvra Ghosh said in the judgement delivered on May 15. While one other accused Rajesh Das was granted bail on similar grounds earlier, other accused Sattar Mondal had been refused bail on the ground of gravity of the offence and earlier rejection of bail. They were accused of murdering their employer Dipak Bhattacharya, owner of a local cable television business, his mother and two maids on September 6, 2012, at their residence at Biren Roy Road under Thakurpukur police station area. All the four accused were arrested on September 9. Justice Ghosh noted that the petitioners Munna Dhali and Nabu Dhali approached the court with a prayer for bail for the first time after being incarcerated for more than 12 years. The judge also noted that though the prosecution undertook to examine five more witnesses within the next two months from February 24 this year, there has been no further progress in trial since then. Justice Ghosh directed that the petitioners be released on bail upon furnishing bonds of ₹10,000 each, with two sureties of like amount each, one of whom must be local. She also directed accused Munna Dhali and Nabu Dhali to appear before the trial court on every date of hearing and not to intimidate witnesses or tamper with evidence in any manner whatsoever.
Time of India
a day ago
- Time of India
‘Right to life': Cal HC cites trial delay, grants bail to 2 in 2012 murder case
Kolkata: Citing right to life and liberty and linking a delay in trial with it, the Calcutta High Court recently granted bail to two murder accused following more than 12 years of incarceration. The duo, along with two others, had been accused of killing two of a Kolkata family and their two maids. The murders of 48-year-old Dipak Bhattacharya, who ran a small cable TV business, his 78-year-old bedridden mother Gouri Bhattacharya, and their maids — Mayna Roy and Anima Mondal — took place on Sept 6, 2012. On Sept 9, police arrested four employees of Dipak for the crime. Munna Dhali, Nabu dhali, Rajesh Das and Sattar Mondal were accused of breaking into Dipak's Biren Roy (West) Road house and committing the murders. They could not steal anything and fled as a phone started ringing in the house. Autopsy reports revealed that the victims' throat injuries were due to smothering and manual strangulation. Recently, alleged mastermind Munna and Nabu approached the Calcutta High Court for bail. In Feb 2025, Rajesh was granted bail by a division bench and the high court had cited Article 21 then as well. During the hearing, the state had undertaken to examine five more witnesses and assured completion of probe within two months from Feb 24. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like O novo dispositivo que os idosos usam para ajudar na neuropatia (dor nos nervos) A arte do herbalismo Undo On April 24, the high court turned down the bail plea of another co-accused, Sattar. While hearing Munna and Nabu's bail pleas, the HC was told by their counsel that trial in the case had started on Sept 20, 2013, and only 44 witnesses had been examined in 12 years, with bleak chances of trial ending soon. Noting that there had been no progress in the trial, Justice Suvra Ghosh said: "Without touching the merits of the case and solely on the anvil of Article 21 of the Constitution of India, prayer for bail is allowed. "
Hindustan Times
3 days ago
- Health
- Hindustan Times
Human rights panel steps in after elderly Gurugram couple found living in neglect
The Haryana Human Rights Commission (HHRC) has taken suo motu cognizance of the alarming condition of a 96-year-old man and his 86-year-old wife, who were allegedly neglected by their son, Rajesh Mitra. The couple has reportedly been left to fend for themselves in their home at Ridgewood Estate, DLF City Phase IV, Gurugram, under the care of two untrained female attendants and without any meaningful medical supervision. Acting on a complaint filed by residents and representatives of the Ridgewood Estate Condominium Association, the commission noted that the couple had been living in a state of grave neglect. Residents reported hearing the elderly man frequently cry out in pain, causing emotional distress not only to his wife but also to other senior citizens living nearby. In response, HHRC chairperson Justice Lalit Batra directed the Gurugram deputy commissioner to form a multi-disciplinary team. This team is to include the Gurugram police commissioner, sub-divisional magistrate, civil surgeon, and district social officer. The team has been tasked with visiting the couple's residence to conduct a comprehensive medical, psychological, and social assessment of their condition. The findings must be submitted to the commission before the next hearing on July 3. The commission's order noted that despite multiple appeals made to the son and local authorities, no substantial action had been taken, necessitating the commission's intervention. Justice Batra expressed grave concern over the prolonged physical and mental suffering endured by the elderly couple. He underscored that such neglect amounts to a violation of Article 21 of the Constitution, which guarantees the right to live with dignity. He emphasised that this issue should not be dismissed as a private family matter but recognised as a serious public human rights concern, especially when society and the state fail to protect vulnerable citizens. Justice Batra also referenced the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, particularly Section 20, which obligates the state to ensure adequate healthcare services for senior citizens—such as reserved hospital beds, separate queues, and subsidised treatment. 'If the neglect is found to be intentional, criminal liability under Section 24 of the Act may be invoked against the responsible individual,' Justice Batra added.
Time of India
3 days ago
- Time of India
Elderly couple ‘abandoned' in their Gurgaon flat for 3 years, community steps in
Gurgaon: Behind the closed doors of an apartment at Ridgewood Estate, the muffled cries of a nonagenarian man and his octogenarian wife have stirred neighbours into action, making it a rare case of a community seeking the state's intervention to guarantee care, safety and dignity for the allegedly abandoned couple. Left in the care of two untrained attendants by their son who is abroad, residents of the society, also members of Ridgewood Estate Condominium Association (RECA), said they repeatedly tried to contact the son, but their appeals fell on deaf ears. The association then approached Haryana Human Rights Commission (HHRC), which took cognisance immediately and ordered a comprehensive medical, psychological, and social assessment of the couple by govt. The couple has been living here for three years, when the son purchased the flat and moved them, transferring power of attorney to his father, according to RECA. However, two caregivers working in day and night shifts became the couple's only connection with the outside world soon after. Concerned neighbours visited, making inquiries and offering assistance, but were turned away at the door. Residents said the son regularly made online payments for maintenance charges for the flat, but the association had no information about his whereabouts except his phone number and email ID in the society's records. None recollected having seen him in the compound either. "All we know is that he lives somewhere abroad. Earlier, a lady would visit the elderly couple, but she stopped coming a few months ago. We requested the son to visit his parents or arrange some help for them, but to no avail. The woman is bedridden, and the man's cries of distress echo in the corridor. It's deeply distressing," said Kittu Mathur, the association secretary. Mathur said they had no information about the couple, not even their names. The couple have never attended any society event. Last month, an elderly neighbour ventured in seeing the door ajar and discovered the house to be in a complete mess, according to RECA members. A few days later, the son allegedly responded with a threat to lodge a police complaint against the neighbour for trespass. Lalit Batra, the HHRC chairperson, expressed deep concern over the couple's prolonged mental and physical suffering, calling it a blatant violation of Article 21 of the Constitution, which guarantees the right to live with dignity. The rights panel emphasised that such situations were not merely "private family matters" but public human rights concerns. "Failure to ensure essential medical care, emotional support, and regular supervision reflects gross negligence. It amounts to a breach of not only the basic human rights of the senior citizens themselves but also of the larger community that has been involuntarily subjected to such trauma," the rights panel observed. Describing the situation as "alarmingly tragic", HHRC noted that the elderly should receive full family support, especially when they require love, care, and medical intervention the most. "Society and the state have a shared responsibility to intervene when the elderly are deprived of due care and dignity," the commission said. Batra ordered immediate intervention in the case, asking the deputy commissioner to form a multi-disciplinary medical and welfare committee. This team, comprising the police commissioner, sub-divisional magistrate, civil surgeon, and district social welfare officer, must now assess the couple's condition and submit a comprehensive care plan before the next hearing on July 3. Puneet Arora, the commission's protocol officer, assured strict compliance by all authorities.
