15.09.2025 23 jb. jdt. Allowed C.R.M. (M) 1320 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bizpore Police Station Case No. 591 of 2019 dated 08.10.2019 under Sections 302/307/120B/34 of the Indian Penal Code and Sections 25/27 of the Arms Act. And In Re : Ajay Jaiswal Mr. Sandip Chakraborty Mr. Pritam Majumdar Mr. Kaustav Das ... For the Petitioner. Mr. Avishek Sinha Ms. Eshita Dutta … For the State Mr. Joydeip Biswas Mr. Ashok Das Mr. Kaushik Ghosh Ms. Hasi Jana … For the Defacto Complainant The petitioner is in custody for almost five years and prays for bail. Learned counsels for the State and the defacto complainant oppose the prayer and submit that the bail prayer of the petitioner was turned down on earlier occasions considering the fact that the petitioner had absconded for a considerable period of time and had several criminal antecedents. I have considered the material on record. It appears that the only shot fired at the victim was by one Kana Pintu. The petitioner does not appear to be the principal assailant and was present on the spot with the co- 2 accused Sudipta Das who has been granted bail earlier. Witness action is on the verge of completion. Examination of the investigating officer is in progress. This Court is informed that the petitioner was threatening the witnesses from the correctional home for which a separate FIR has been lodged. However, all the witnesses except the investigating officer have been examined and the question of further threatening witnesses does not arise. The petitioner appears to be similarly circumstanced with the co-accused Sudipta Das who was granted bail earlier. He is in custody for about 5 years. Material available in the case diary does not justify his further detention. His appearance before the learned trial Court may be secured by imposing stringent conditions. Accordingly, the prayer for bail is allowed. The petitioner namely Ajay Jaiswal shall 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 Additional Chief Judicial Magistrate, Barrackpore subject to condition that he shall not enter the jurisdiction of Bizpore and Halisahar police stations and shall remain within the jurisdiction of the Barrackpore police station. He shall furnish the address where he shall presently reside before the learned trial Court, the investigating officer and the concerned officer in charge of the police station under whose jurisdiction he shall presently reside. He shall appear before the learned trial Court on every date of hearing fixed by the 3 learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel 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.)