Sahid Quraishi v. State Of West Bengal

34.

19.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4149 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 Kulti Police Station Case No.577/2023 dated 24.10.2023 under Sections 302/201/120B/34 of the IPC, 1860.

And In the matter of: - Sahid Quraishi.

...petitioner.

Mr. Avik Ghatak, Mr. Akash Ghosh ...for the petitioner.

Mr. Joydeep Biswas, Ms. Purnima Ghosh ...for the State.

1. Co-accused was enlarged on bail by the jurisdictional court.

2. Police case is one of kidnapping and subsequently murder. Offending knife was recovered from the possession of the petitioner and the co-accused who was granted bail by the jurisdictional court.

3. Trial is in progress.

4. Petitioner is in custody 480 days.

5. Out of 32 prosecution witnesses, only 23 were examined.

6. There is hardly any possibility of the trial ending anytime soon.

7. Considering such materials placed on record and on the principles of Article 21 of the Constitution of India, we grant bail to the petitioner.

8. Accordingly, we direct that the petitioner, namely, Sahid Quraishi 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 Additional Sessions Judge, 4th Court, Asansol, Paschim Bardhaman. 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.

9. 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.

10.

The application for bail being CRM (DB) 4149 of 2024 is, thus, disposed of.

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