Pradip Singha @ Sitan Singha @ Prodip Singha @ Silan v. State Of West Bengal

50.

07.03.2025 Court No.29 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 267 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Jiaganj Police Station Case No. 171/2023 dated 08.07.2023 under Sections 302/201 of the Indian Penal Code, 1860. Charge-sheet submitted under Sections 448/450/302/201/506/34 of the Indian Penal Code, 1860.

And In the matter of: - PRADIP SINGHA @ SITAN SINGHA @ PRODIP SINGHA @ SILAN ...petitioner.

Mr. Tapodip Gupta Mr. Suman Bhanja ...for the petitioner.

Mr. Bitasok Banerjee Ms. Sanjida Sultana ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated January 8, 2025, passed in CRM (DB) 3201 of 2024, whereby a co-ordinate Bench enlarged on bail a co-accused person by the name of Mantu Mondal, primarily on the ground of delay in progress of trial. That accused person was in custody for one year and six months. Only one out of 40 charge-sheet named witnesses had been examined. The petitioner herein says that he stands on the same footing as Mantu Mondal.

2. Learned Counsel for the State, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as the said Mantu Mondal insofar as delay in trial and period of detention are concerned.

3. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

4. Accordingly, we direct that the petitioner, namely, PRADIP SINGHA @ SITAN SINGHA @ PRODIP SINGHA @ SILAN, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 2nd Court, Lalbagh, Murshidabad, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail being CRM (DB) 267 of 2025 is accordingly disposed of.

7. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities.

(Arijit Banerjee, J.) (Prasenjit Biswas, J.)