Md. Faisal v. State Of West Bengal

05.03.2025 Item No.17 Court No.26 S.D.

(Bail granted) CRM (DB) 4298 of 2024 In re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Shibpur Police Station Case No. 279 of 2021 dated 21.08.2021 under Sections 302/34 of Indian Penal Code.

In the matter of: Md. Faisal ... ... Petitioner Mr. Ashok Das Mr. Toslim Ali ... ... For the Petitioner Mr. Bitasok Banerjee Mr. Saptarshi Chakraborty ...For the State Report as called for by the order dated February 21, 2025 filed in Court be taken on record.

Petitioner is in custody in excess of 3 and 1/2 years. Prosecution is unable to produce witness at the trial. On the last date of the trial on March 3, 2025, although the petitioner was present on the virtual platform, no prosecution was present. Consequently, the trial was adjourned till April 10, 2025 for production of evidence. 28 prosecution witnesses are scheduled to be examined; out of which only one was partly examined.

Possibility of the trial concluding any time soon in the near future does not exist.

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, Howrah subject to the 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.

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. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 4298 of 2024 is disposed of.

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