23. 17.01.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3108 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bagnan Police Station Case No.352/2020 dated 25.10.2020 under Sections 341/326/307/302/506/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In the matter of: - Paritosh Maji @ Nando Maji @ Yamraj …petitioner. Mr. Soumya Basu Roy Chowdhuri …for the petitioner. Mr. Ranadeb Sengupta Ms. Ratna Ghosh …for the State. Dictated by Arijit Banerjee, J. 1. Learned State Counsel, after going through the depositions of the two witnesses, who have been examined in full and one witness, who has been examined in part, tells us that the petitioner has been clearly implicated by the witnesses. 2. The petitioner is in custody now for four years. Only two out of 25 charge-sheet named witnesses have been examined in full and one in part. There is no possibility of an early conclusion of the trial. We have said many times that the prosecution may have a very strong case to secure the conviction of an accused person. That per se, will not justify indefinite incarceration of the accused person without bringing the trial to its logical end within a reasonable Signed By : TANMOY GHOSH High Court of Calcutta 17 th of January 2025 05:32:49 PM 2 period of time. If an accused person is detained in judicial custody for a very long period of time, the same would mean pre-trial conviction which is unknown to the Indian jurisprudence. 3. Noting the long period of detention of the petitioner and seeing that there is practically no possibility of an early conclusion of the trial, although the trial was directed to be expedited by a co-ordinate Bench of this Court by an order dated March 22, 2023, passed in CRM (DB) 1043 of 2023, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to grant bail to the petitioner. 4. 4. Accordingly, we direct that the petitioner, namely, Paritosh Maji @ Nando Maji @ Yamraj, 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 the learned Additional Chief Judicial Magistrate, Uluberia, Howrah, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall remain within the territorial jurisdiction Signed By : TANMOY GHOSH High Court of Calcutta 17 th of January 2025 05:32:49 PM 3 of Uluberia Police Station and shall furnish his present address to the Inspector-in-Charge of Uluberia Police Station as well as to the learned Trial Court and shall also meet the Inspector-in-Charge of Uluberia Police Station, once in a week, until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 6. The application for bail being CRM (DB) 3108 of 2024 is accordingly disposed of. 7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : TANMOY GHOSH High Court of Calcutta 17 th of January 2025 05:32:49 PM