4. 18-02-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 564 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Liluah Police Station Case No.25 of 2019 dated 27-01-2019 under Sections 302/201/34 of the Indian Penal Code. - A n d - In the matter of : Sanjay Gupta .... Petitioner. Mr. Soumya Basu Roy Chowdhuri … For the Petitioner. Ms. Zareen Nasim Khan, Mr. Md. Yaser A. Ismail … For the State. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated February 05, 2025 passed by us in CRM (DB) 4274 of 2024, whereby we had granted bail to a co-accused person by the name of Sangita Gupta, on the ground of long detention of that person coupled with no possibility of early conclusion of the trial. In that case, the accused person was in custody for six years. The petitioner says that he is also in custody for more than six years. He stands on the same footing as Sangita Gupta. 2. Opposing the prayer for bail, learned State advocate, in his usual fairness, does not dispute, that insofar as the period of detention and delay in trial are concerned, this petitioner is similarly circumstanced as Sangita Gupta. He, Signed By : DEBAJYOTI DAS High Court of Calcutta 18 th of February 2025 05:16:04 PM 2 however, says that delay alone cannot be the ground for granting bail. 3. It is true that delay alone cannot be the ground for granting bail to an accused person. Other factors are ordinarily taken into account also. However, if the delay is so inordinate that it impinges on the fundamental right of a citizen to speedy trial and personal liberty, then that becomes the overriding consideration. In the present case, the delay cannot be attributed to the petitioner to any appreciable extent. 4. Ten witnesses are yet to be examined. There is no possibility of an early conclusion of the trial. 5. Therefore, we are inclined to allow the petitioner’s prayer for bail. 6. Accordingly, we direct that the petitioner, namely, Sanjay Gupta, 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, Howrah. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not also commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police except for the purpose of attending the court proceedings and shall appear before the Officer-in- Charge/Inspector-in-Charge of the said police station once in every week, until further orders. Signed By : DEBAJYOTI DAS High Court of Calcutta 18 th of February 2025 05:16:04 PM 3 7. 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. 8. The application for bail is, thus, allowed. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : DEBAJYOTI DAS High Court of Calcutta 18 th of February 2025 05:16:04 PM