22 28-03-2025 (ct. no. 29) KOLE Allowed CRM (DB) 1098 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Baguihati Police Station Case No. 146 of 2022 dated 10.04.2022 under Sections 302/34 of the Indian Penal Code. - A n d - In the matter of : Karan Biswas @ Babai .... Petitioner. Mr. Phiroze Edulji, Mr. Anand Keshri, Mr. S. Choudhury, Ms. P. Bhattacharyya, … For the Petitioner. Ms. Zareen N. Khan, Mr. S. Das, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner complains that he is in custody for ten days short of three years. Only 5 out of 34 charge sheet named witnesses have been examined. The case is based on circumstantial evidence. On the touchstone of Article 21 of the Constitution of India, the petitioner prays for bail. 2. Opposing the bail prayer, learned State Advocate tells us that there is sufficient incriminating material against the petitioner. The charge is of murder. If convicted, the petitioner will have to undergo mandatory life imprisonment. The petitioner is also to be blamed for the delay in progress of the trial. 3. We have perused the orders recorded by the learned Trial Court, copies whereof have been annexed to the bail application. We have also considered the materials on record. There is no eye- witness to the alleged incident of murder. More importantly, the petitioner is in custody for almost three years. Only 5 out of 34 charge sheet named witnesses have been examined. 2 4. We have repeatedly observed that however strong a prosecution case may be, that would not be any justification for detaining an accused under-trial in judicial custody for an indefinitely or unreasonably long period of time without taking the trial to its logical conclusion. 5. Hence, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to enlarge the petitioner on bail. 6. Accordingly, we direct that the petitioner, namely, Karan Biswas @ Babai, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must the local, to the satisfaction of the Learned C.J.M., Barasat, North 24 Parganas subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall remain within the jurisdiction of the Barasat police station except for the purpose of attending court proceedings and shall meet the I.C/O.C. of the said police station twice in a week until further orders. 7. 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 petitioner’s bail in accordance with law without further reference to this court. 8. The application for bail is, accordingly, allowed. 9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )