12.03.2025 Item no. 9. Court No.29. AB (Allowed) CRM (DB) 814 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 Basanti Police Station Case No.223 of 2012 Dated 03.04.2012 under Section 363/366A/372/120B of the Indian Penal Code And In the matter of : Monirul Sekh @ Pappu ……Petitioner. Mr. Deepak Kr. Prahladka, Ms. Reshmi Khatun ……for the Petitioner. Mr. Saibal Bapuli, ld. APP Mr. S. Basu Roychoudhury ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated February 26, 2025, passed in CRM (DB) 4351 of 2024, whereby an accused person by the name of Israfil Laskar @ Esrafil was granted bail on the ground of delay in trial and long detention of that person in judicial custody. Israfil had been in custody for more than five years and six months. 2. The petitioner says that he is in custody for five years and seven months. He claims parity with Israfil. 3. Learned State Advocate, while opposing the prayer for bail, says that this petitioner had been granted bail by the learned Trial Court earlier. He jumped the conditions of bail. Hence, he was rearrested. The trial is 2 on the verge of conclusion. There is very strong incriminating evidence against this petitioner. 4. We see that the maximum punishment that may be imposed on the petitioner is ten years’ imprisonment. He is already in custody for five years and seven months. 5. Hence, purely on the touchstone of Article 21 of the Constitution of India, we allow the petitioner’s prayer for bail. 6. Accordingly, we direct that the petitioner, namely MONIRUL SEKH @ PAPPU 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 Chief Judicial Magistrate, Alipore, and on further conditions that he shall remain within the District South 24 Parganas and shall report to the Officer in charge, Basanti Police Station once in a week until further orders. 7. The petitioner 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 petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the 3 petitioner’s 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. (Om Narayan Rai, J.) (Arijit Banerjee, J.)