Sk Samim Ahammed v. The State Of West Bengal

24-02-2025 (ct. no. 29) KOLE Allowed CRM (DB) 3 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Daspur Police Station Case No. 93 of 2022 dated 09.03.2022 under Sections 302/201/379/411/120B of the Indian Penal Code. - A n d - In the matter of : Sk Samim Ahammed .... Petitioner.

Mr. Soumyajit Das, Ms. Madhuri Sinha, Mr. Ranabeer Halder, ... For the Petitioner.

Mr. Anand Keshari, Mr. Abhishek Verma, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

Status report filed by the State be kept with the records. 2.

We find that 6 out of 30 charge sheet named witnesses have been examined so far. The prosecution intends to examine 21 more witnesses. The petitioner is in custody for more than two years eleven months.

3.

We see that there is no possibility of an early conclusion of the trial. Keeping in mind the paramount importance of a citizen's fundamental right to personal liberty and speedy trial, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to enlarge the petitioner on bail.

4.

Accordingly, we direct that the petitioner, namely, Sk Samim Ahammed, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur subject to

condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall remain within the jurisdiction of the Ghatal police station and shall meet the I.C of the said police station twice in a week until further orders. 5.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

6.

The application for bail is, accordingly, allowed. 7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )