Abhijit Das v. State Of West Bengal

September 22, 2025 4 ARDR (Allowed) CRM (M) 1507 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pathar Pratima Police Station Case No. 123 of 2019 dated 27/5/2019 under Sections 302 of the Indian Penal Code.

And In Re :

Abhijit Das ... Petitioner.

Adv. Soumya Nag, Adv. Rajdeep Sengupta, ... for the petitioner.

Adv. Subhasree Patel, Adv. Mainak Gupta, ... for the State.

The petitioner is in custody for more than six years and renews his prayer for bail.

Heard learned counsels for the parties.

Bail prayer of the petitioner was turned down on earlier occasions considering the material on record. However, this Court is informed that witnesses did not turn up on most of the dates fixed by the learned trial Court from 19th February, 2022 to 26th November, 2024. Only one out of sixteen witnesses has been examined so far. There is remote possibility of conclusion of trial in near future. Striking a balance between the period of incarceration of the petitioner and slow progress in trial, this Court is of the view that the petitioner should be released on bail solely on the touchstone of Article 21 of the Constitution of India, without going into the merits of the case.

Accordingly, prayer for bail is allowed.

The petitioner namely Abhijit Das be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with

two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kakdwip, South 24 Parganas subject to the condition that he shall remain within the jurisdiction Pathar Pratima police station and shall furnish the address where he shall henceforth reside before the learned trial Court, Investigating officer and the officer in charge of the concerned police station under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)