Md Irshad Alam @ Raju v. State Of West Bengal

19.

18.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3797 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Singur Police Station Case No.165/2021 dated 18.06.2021 under Sections 392/302 of the IPC, 1860 & Sections 25/27 of the Arms Act.

And In the matter of: - Md. Irshad Alam @ Raju.

...petitioner.

Mr. Suman Chakraborty ...for the petitioner.

Mr. Saibal Bapuli, Ld. A.P.P., Mr. Asif Dewan ...for the State.

1. Police filed charge-sheet in 2021. Charges were framed on October 1, 2024. Petitioner is in custody in excess of 3 (three) years and 8 (eight) months. Prosecution seeks to examine 30 (thirty) witnesses.

2. There is hardly any likelihood of the trial ending anytime soon.

3. Purely on the principles of Article 21 of the Constitution of India, we grant bail to the petitioner.

4. Accordingly, we direct that the petitioner, namely, Md. Irshad Alam @ Raju 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 learned A.C.J.M., Chandannagar, Hooghly. 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 the 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 comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

6. The application for bail being CRM (DB) 3797 of 2024 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)