Tablet @ Salam Ali @ Khokan Babu @ Badun v. State Of West Bengal

24.02.2025 Serial no. 157 [Dd] (Bail allowed) CRM (DB) 3962 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Madhyamgram Police Station Case No. 752 of 2021 dated 28.11.2021 under Sections 302 of the Indian Penal Code, 1860 {G.R. Case No. 3171/2021] -AndIn the matter of : Tablet @ Salam Ali @ Khokan Babu @ Badun ... ... Petitioner Mr. Md. Shahjahan Hossain, Ms. Sanjida Sultana, Mr. Sanwar Mullick, Mr. Pizhiraj Biswas, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, APP Mr. Rahul Ganguly, Advocates ... ...For the State

1. Status report called for the order dated February 17, 2025 filed in Court be taken on record.

2. This is a renewal prayer of bail on the ground of principles of Article 21 of the Constitution of India.

3. Status report filed in Court shows that, there is no progress of the trial between the period from 2023 till date.

4. Out of 13 prosecution witnesses only 1 was examined.

5. Presently, the Court is lying vacant with no Presiding Officer present.

6. Possibility of the trial ending in the near future is remote.

7. In such circumstances, on the principles of Article 21 of the Constitution of India, we grant bail to the petitioner.

8. 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 Chief Judicial Magistrate, Barasat, 24-Parganas (North) 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.

9. 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.

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

11. CRM (DB) 3962 of 2024 is disposed of.

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