25.09.2025 21 jb. jdt. Allowed C.R.M. (M) 1587 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 Beniapukur Police Station Case No. 326 of 2021 dated 18.08.2021 under Section 489 C of the Indian Penal Code. And In Re : Md. Kaishan Alam @ Md. Kaishna Alam @ Kausum Alam Mr. Ayan Bhattacharjee Mr. Apalak Basu Nazir Ahmed Mr. Shuvam Kanjilal Ms. Sarnali Gupta Yavik Singhal ... For the Petitioner. Mr. Saryati Dutta Mr. Dipankar Mahata … For the State Report submitted by the State is taken on record. The petitioner is in custody for more than 4 years and renews his prayer for bail primarily on the ground of delay in trial. Heard learned counsels for the parties. The bail prayer of the petitioner was turned down by this Court on 17th April, 2025. On that date learned counsel for the State submitted before this Court that four more witnesses would be examined and trial would be concluded within three months from the next date of evidence fixed before the learned trial Court subject to co-operation of the petitioner. This Court is informed that only one witness has been examined since then and several adjournments have been 2 taken by the prosecution due to unavailability of the witnesses. The petitioner does not appear to have played any role in the said delay. Three more witnesses are still left to be examined. In view of the period of incarceration of the petitioner as well as slow progress in trial, this Court is inclined to hold that the petitioner is entitled to bail solely on the anvil of Article 21 of the Constitution of India, without going into the merits of the case. Accordingly, the prayer for bail is allowed. The petitioner namely Md. Kaishan Alam @ Md. Kaishna Alam @ Kausum Alam 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 Chief Judicial Magistrate, Calcutta subject to condition that he shall remain within the jurisdiction of the learned trial Court and 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 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 3 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.)