10.03.2025 Item no. 06. Court No.29. AB (Allowed) CRM (DB) 738 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanchal Police Station Case No.664 of 2021 Dated 14.08.2021 under Section 376D/323/324/354/509/34 of the Indian Penal Code and Section 67 of the IT Act And In the matter of : Rajen Tudu @ Rajen Tud & Anr. ……Petitioners. Mr. A. K. Bhowmick ……for the Petitioners. Ms. Minoti Gomes, Mr. Raju Mondal ……for the State. Dictated by Arijit Banerjee, J. 1. Service report filed by the State, be kept with the records. In spite of service, nobody appears for the defacto complainant/victim. 2. The petitioners claim parity citing an order dated December 9, 2024, and two orders dated February 17, 2025, passed in CRM (DB) 3285 of 2024, CRM (DB) 245 of 2025 and CRM (DB) 38 of 2025 respectively, whereby three accused persons were granted bail by a Coordinate Bench solely on the ground of delay in trial. 3. The petitioners say that they stand on the same footing as those persons. They are also in custody for more than three years and two months. Not a single witness 2 out of 20 charge sheet named witnesses has been examined till date. 4. Learned State Advocate, while opposing the bail prayer, in her usual fairness, does not dispute that these petitioners are similarly circumstanced as the three accused persons, who have been granted bail as mentioned above, insofar as the delay in trial and period of detention are concerned. 5. Hence, without touching the merits of the case and solely on the ground of parity, we allow the petitioners’ prayer for bail. 6. Accordingly, we direct that the petitioners, namely RAJEN TUDU @ RAJEN TUD and TALKOI MARDI shall be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda, and on further conditions that while on bail they shall remain within the jurisdiction of English Bazar Police Station, except for the purpose of attending Court proceedings and shall furnish their present address to the Inspector in charge/Officer in charge of the said police station as well as to the learned Trial Court and shall also meet the Inspector in charge/Officer in charge of the said police station twice in a week until further orders. 3 7. The petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 8. In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners’ bail in accordance with law without further reference to this Court. 9. The application for bail is, accordingly, allowed. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Arijit Banerjee, J.) 4