Sahajada Khan @ Sahazada Khan v. The State Of West Bengal

17.02.2025 Ct. No. 26 Item No.22 SB C.R.M. (DB) 3733 of 2024 In Re: - An application for bail under Section 439 of Code of Criminal Procedure / 483 of the B.N.S.S. 2023 in connection with Bhadreswar P.S. Case No. 490 of 2021 dated 20.11.2021 under Sections 326/307 of the IPC. In the matter of : Sahajada Khan @ Sahazada Khan Mr. Suman Chakraborty ....for the petitioner Mr. Prasun Kumar Dutta, Ld. APP Ms. Snigdha Saha ....for the State

1. Petitioner renews the prayer for bail.

2. Learned counsel appearing for the petitioner is in custody in excess of three years and two months. He submits that the trial is yet to be concluded.

3. Learned Additional Public Prosecutor draws the attention of the Court to the earlier order of rejection as also to the materials on record in the case diary. He submits that the trial is in progress.

4. Prosecution intends to examine 26 witnesses out of which 11 were already examined.

5. According to the prosecution, another 15 witnesses are required to be examined.

6. Last rejection is of 2022.

7. Petitioner is in custody in excess of three years and two months.

8. Primarily on the principles of Article 21 of the Constitution of India, we deem it appropriate to grant bail to the petitioner. Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 17 th of February 2025 05:47:22 PM

9. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 Sessions Judge, F.T.C. Chandannagore subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and / or tamper with evidence in any manner whatsoever.

10. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

11. The prayer for bail of the petitioner is allowed.

12. CRM (DB) 3733 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 17 th of February 2025 05:47:22 PM