06. 03.03.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 561 of 2025 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 Kaliachak Police Station Case No. 496/2017 dated 04.7.2017 under Sections 395/397/412 of the Indian Penal Code read with Sections 27/35 of the Arms Act, 1959. And In the matter of: - ATIUR RAHAMAN @ DILWAR …petitioner. Mr. Arnab Saha Mr. Abhimanyu Banerjee …for the petitioner. Mr. Bibaswan Bhattacharya Ms. Ayana De …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner complains that he is in custody for about seven years and seven months. The trial has still not concluded. He prays for bail. 2. Learned State Advocate tells us that the trial is at the stage of argument. Next date fixed is March 29, 2025. There are sufficient incriminating materials against the petitioner. 3. It has often been said by this Court, the prosecution may have the strongest possible case to secure conviction of an accused person, nobody stops the prosecution from doing so. Indeed, if the evidence is overwhelming, it is desirable that the trial is concluded on an early date so that if convicted, the accused person can be punished in accordance with law. However, an 2 under-trial accused person cannot be indefinitely detained in judicial custody without taking the trial to its logical conclusion. 4. Hence, purely on the ground of very long detention of the petitioner and without touching the merits of the case, we feel impelled to grant bail to the petitioner. The prayer for bail is thus allowed. 5. We also note that by an order dated February 24, 2025, passed in CRM (DB) 256 of 2025, a co-ordinate Bench had granted bail to a co-accused person by the name of Asbab Sk @ Ayatullah Sk, purely on the ground of prolonged detention and delay in trial. 6. Accordingly, we direct that the petitioner, namely, ATIUR RAHAMAN @ DILWAR 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 Chief Judicial Magistrate, Malda, subject to condition that 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 Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall remain within the territorial jurisdiction of Kaliachak Police Station, except for the purpose of attending Court proceedings and further investigation, if any, and shall furnish his present address to the Inspector-in-Charge/Officer-in-Charge of the said Police Station 3 and shall also meet the Inspector-in-Charge/Officer-in-Charge of the said Police Station once in a week, until further orders. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. The application for bail being CRM (DB) 561 of 2025 is accordingly disposed of. 9. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Prasenjit Biswas, J.)