02.07.2025 Item No.30 Court No. 25 Sudipta Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE CRM (M) 712 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Canning Police Station Case no.494 of 2021 dated 25.11.2021 under Sections 302/120B/201/212 of IPC & 27 and 35 Arms Act. -AND- In Re : Rahamat Gazi ……Petitioner For the Petitioner : Mr. Joy Chakraborty Mr. Sandip Dinda Mr. Souvik Ganguly …..Advocates For the State : Mr. Bibaswan Bhattacharya Ms. Sudeshna Das …..Advocates 1. Present petition has been filed for bail of the petitioner in S.T. Case no. 02(7) 2022 along with Sessions Case no. 11 (03) / 2022 arising out of Canning Police Station Case no. 494 of 2021 dated 25th November, 2021 under Sections 302/120B/201/212 of IPC and 27/35 of Arms Act. 2. The chargesheet has already been filed. The case is at the stage of recording the statements of the accused under Section 313 of the Cr.P.C. 3. The present petitioner is in custody since 10th January, 2023. Allegedly, the petitioner was named in the FIR and Page 2 was directly involved in the alleged murder. Allegedly, the petitioner was in the group which killed deceased Muharram Ali Sk. The case of the prosecution is that in CCTV footage, it was clearly seen that the petitioner was sitting at the back seat of the auto which was used during the murder. The petitioner surrendered before the learned Additional District and Sessions Judge on 10th of January, 2023. 4. The bail applications being moved by the petitioner were dismissed by this Court vide order dated 8th August, 2023 in CRM (DB) 2162 of 2023 and order dated 21st February, 2025 in CRM (DB) 4200 of 2024. 5. Learned counsel for the petitioner submits that subsequent development is after the bail application of the petitioner was rejected, this Court had granted bail to the main accused Rafique Sk vide order dated 22nd May, 2025 in CRM (DB) 838 of 2025. Learned counsel submits that out of 15 accused persons, 13 have already been enlarged on bail. Learned counsel submits, therefore, the present petitioner may also be enlarged on bail. 6. Learned counsel for the State has opposed the bail application primarily on the ground of the criminal antecedents and the fact that the case is at the fag end, if the petitioner is enlarged on bail, the trial may not see the completion. 7. The Court has considered the submissions of both the parties. Page 3 8. The earlier bail application was dismissed by this Court vide order dated 21st February, 2025. The Court took into account the fact that the petitioner had criminal antecedents and the fact that the bail application of another accused Rafique Sk was cancelled by the Hon’ble Supreme Court on the ground of criminal antecedents. However, it is a matter of record that co-accused Rafique Sk was admitted to bail by this Court vide order dated 22nd May, 2025 in CRM (DB) 838 of 2025 taking into account the fact that the co-accused from whom fire arms have been recovered is on bail and the trial is at the fag end. It was also noted that the co-accused having criminal antecedents have also been granted bail earlier. 9. Thus, the petitioner on the ground of similarly circumstanced with the co-accused on bail extended the benefit of bail taking into account the facts and circumstances that is the period of incarceration that the fact that main accused Rafique Sk has been granted bail, the fact that the case is at the stage of recording of statement of accused. 10. Accordingly, the prayer for bail is allowed. 11. The petitioner is 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, Alipore, South 24 Parganas, subject to condition that the petitioner shall appear before the learned Trial Court on every date of hearing fixed by the learned Trial Court and shall not tamper with the evidence or intimidate witnesses in any manner Page 4 whatsoever and on further condition that the petitioner shall remain outside the jurisdiction of Canning police station and shall furnish the address where he shall reside before the learned Trial Court, the Investigating Officer and the concerned Officer-in-Charge of the police station under whose jurisdiction he shall reside. The petitioner shall not travel abroad without prior permission of the learned Trial Court. 12. CRM (M) 712 of 2025 stands disposed of. 13. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. ( Dinesh Kumar Sharma, J. )