11. 27-03-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 925 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 Sagar Police Station Case No.57 of 2016 dated 29-03-2016 under Sections 363, 376D, 302, 306, 34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act. - A n d - In the matter of : Subhojit Pradhan @ Subhajit Pradhan .... Petitioner. Mr. Deepak Kumar Prahladka, Ms. Reshmi Khatun … For the Petitioner. Ms. Sonali Das, Ms. Afreen Begum … For the State. Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit … For the Opposite Party. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated March 05, 2025 passed in CRM (DB) 361 of 2025 whereby a coordinate Bench granted bail to a co-accused person by the name of Sudipta Jana on the touchstone of Article 21 of the Constitution of India. That person had been in custody for eight years eleven months. In that order, the coordinate Bench noted the observation of another Bench made on January 19, 2024 in CRM (DB) 4067 of 2023 to the effect: “we give last opportunity to the prosecution to conclude its evidence within one year from the next date fixed for recording evidence”. 2. The petitioner says that the trial is still going on. 2 3. Learned State advocate says that this petitioner is the prime accused. There is sufficient incriminating evidence against him. On six earlier occasions, his bail prayer was rejected by this Court. 4. We find that the petitioner is in custody for 3 days short of 9 years. On January 19, 2024, a coordinate Bench had granted one year to the prosecution to conclude its evidence. Recording of evidence is still going on. 5. The prosecution may have the strongest possible case to secure the conviction of the petitioner. That would not justify infringement of the petitioner’s fundamental right to personal liberty and speedy trial. 6. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India and on the ground of parity as well, we are constrained to allow the petitioner’s prayer for bail. 7. Accordingly, we direct that the petitioner, namely, Subhojit Pradhan @ Subhajit Pradhan, 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 Additional Sessions Judge, 2nd Court, Alipore, South 24 Parganas. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. The petitioner shall not enter the jurisdiction of Sagar Police Station except for the purpose of attending the court proceedings and shall appear before the Officer-in-Charge/Inspector-in-Charge under whose jurisdiction he shall be residing while on bail, once in a 3 fortnight, until further orders. The petitioner shall, through his learned advocate, inform the learned trial Court, Sagar Police Station and the jurisdictional police station where he shall be residing while on bail, his current local address. 8. 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. 9. The application for bail is, thus, allowed. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 11. 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.)