Kalyan Chandra Sarkar vs Rajesh Ranjan @ Pappu Yadav & Anr on 18 January, 2005
8. The mere fact that the accused persons have
undergone considerable period of incarceration without a
trial by itself is not a ground to release them on bail in a
case where the charge-sheet has already been laid. Likewise,
the fact that the trial is not likely to be commenced or
concluded in the near future is also not relevant for
enlarging the accused on bail when the gravity of the offence
alleged is severe and the alleged clout and influence of the
accused are sufficient to infer that they may not hesitate to
influence or intimidate the witnesses and attempt to tamper
with the evidence . (Vide Kalyan Chandra Sarkar v. Rajesh
Ranjan -(2004) 7SCC 528) . While liberty of the accused is
precious and is to be zealously protected by the Courts, such
protection cannot be absolute in all situations. There has to
be a balance struck between the valuable right of liberty of
the accused and the interest of the society in general. The
individual interest of the accused will have to yield to the
collective interest of the community at large which outweighs
Bail Application No. 1841 of 2011 -:6:-
the personal liberty of the accused.