30. 29-01-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 3268 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jamuria Police Station Case No.342 of 2023 dated 30-07-2023 under Sections 302/201 of the Indian Penal Code. - A n d - In the matter of : Abhishek Prasad @ Bakra .... Petitioner. Mr. Ayan Bhattacharya, Sr. Adv., Mr. Kunal Ganguly … For the Petitioner. Mr. Saryati Dutta, Ms. Ayana Dey … For the State. Dictated by Arijit Banerjee, J. 1. We find from the status report, that the State filed and was taken on record on January 22, 2025, that the prosecution proposes to examine all 27 charge sheet named witnesses. Only PW 1 is being examined in chief at the moment. The petitioner is in custody for over 1 year 5 months. 2. Learned State advocate says that although the case is based on circumstantial evidence, the chain of circumstances is complete and would indubitably point towards guilt of the petitioner. 3. The prosecution may have the strongest possible case against an accused person. That would not justify the prosecution in detaining such person in judicial custody for Signed By : DEBAJYOTI DAS High Court of Calcutta 30 th of January 2025 11:40:55 AM 2 an indefinitely long period of time without bringing the trial to its logical conclusion. 4. We do not see any possibility of the trial in this case concluding on an early date. 5. Therefore, solely on the touchstone of Article 21 of the Constitution of India and without touching the merits of the case, we feel constrained to allow the petitioner’s prayer for bail. 6. Accordingly, we direct that the petitioner, namely, Abhishek Prasad @ Bakra, 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 learned Chief Judicial Magistrate, Paschim Bardhaman. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the territorial limits of Asansol Police Station except for the purpose of attending the court proceedings and shall appear before the Officer-in-Charge/Inspector-in-Charge of the Asansol Police Station once in every week, until further orders. The petitioner shall, through his learned advocate, inform the learned trial Court, Jamuria Police Station and Asansol Police Station his current local address at Asansol where he shall be residing while on bail. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 8. The application for bail is, thus, allowed. Signed By : DEBAJYOTI DAS High Court of Calcutta 30 th of January 2025 11:40:55 AM 3 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : DEBAJYOTI DAS High Court of Calcutta 30 th of January 2025 11:40:55 AM