April 08, 2025 5 ARDR Allowed CRM(DB) 864 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Rajarhat Police Station Case No. 341 dated 11/11/2022 under Sections 328/376D of the Indian Penal Code. And In Re : Shubham Periwal @ Shubham Perriwal ... Petitioner. Sr. Adv. Phiroze Edulji, Adv. Samrat Goswami, Adv. Supriti Sarkhel, Adv. S. S. Prasad, ... for the petitioner. Adv. Jharna Sen, Adv. Arpita De, Adv. Swastika Chatterjee, …for the victim Adv. Debasish Roy, Ld. PP, Adv. Anand Keshri, Adv. Mamata Jana, ... for the State. Affidavit of service filed on behalf of the petitioner is taken on record. The petitioner seeks parity with co-accused Madhab Agarwal @ Madhav Agarwal who was granted bail by this Court on 28th February, 2025. Bail prayer of the petitioner was turned down on merits. Learned counsel for the petitioner submits that the petitioner is in custody since 11th November, 2022 as in the case of co-accused on bail. Despite direction of this Court to complete the trial positively by December 31, 2024, trial is yet to be completed. Learned counsel for the defacto complainant opposes the prayer and submits that a relative of the petitioner threatened the victim and insisted on her withdrawing the complaint. Learned advocate also claims to have been receiving blank calls in connection with the present cases. The said fact was brought to the 2 notice of this Court earlier. A specific case has been registered against the said relative and charge sheet submitted therein. Learned counsel for the State also opposes the prayer and submits that after completion of the examination of the Investigating officer, four other witnesses shall be examined. Considering the fact that a co-accused similarly circumstanced with the petitioner has been granted bail earlier and also progress in trial of the case, this Court is inclined to hold that the petitioner is entitled to similar relief as the co-accused and the petitioner may be granted bail subject to stringent conditions. Accordingly, the prayer for bail is allowed. The petitioner, namely, Shubham Periwal @ Shubham Perriwal, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Barasat subject to the condition that he shall remain within the jurisdiction of Barasat Police Station and shall furnish the address where he shall presently reside before the learned trial Court and the Investigating officer. He shall appear before the learned trial Court on every date of hearing. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. The petitioner shall furnish the mobile number used by him before the Investigating officer and shall intimate the Investigating officer in the event he changes the said number. In the event the petitioner fails to comply with any of the conditions as stated above of is found to have committed any cognizable office, the learned trial Court shall be at liberty to cancel 3 his bail in accordance with law without further reference to this Court. The application for bail is disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)