40. 08.01.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3218 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 Sankrail Police Station Case No.75/2023 dated 27.01.2023 under Sections 302/120B of the Indian Penal Code. And In the matter of: - Shatrughan Rajak …petitioner. Mr. Kallol Mondal, Sr. Adv. Mr. Krishan Ray Mr. Soumya Basu Roy Chowdhury Mr. Souvik Das Mr. Anamitra Banerjee Mr. Akbar Lashkar …for the petitioner. Ms. Rituparna De Ghose Mr. Mujibar Ali Naskar …for the State. Dictated by Arijit Banerjee, J. 1. Status report filed by the State be kept with the records. 2. We find that February 5, 2025, has been fixed as the date for consideration of charge. 3. As recorded in our earlier order dated December 17, 2024, charge-sheet was submitted on April 23, 2023. After almost one year and nine months, charge is yet to be framed, as per the submission of learned State Counsel based on the status report. There are 29 charge-sheet named witnesses. There is no eyewitness to the alleged incident of murder. The Signed By : TANMOY GHOSH High Court of Calcutta 9 th of January 2025 12:05:37 PM 2 entire case is based on circumstantial evidence. The trial has not even begun. It is anybody’s guess as to when the trial will conclude. 4. The petitioner is in custody for close to two years. Keeping in mind that the fundamental right of a citizen to personal liberty and speedy trial is of paramount importance and must ordinarily override all other considerations, we feel constrained to allow the petitioner’s prayer for bail. 5. Accordingly, we direct that the petitioner, namely, Shatrughan Rajak, 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 Sessions Judge, 3rd Court, 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 jurisdiction of Howrah Police Station and shall furnish his present address to the learned Trial Court and shall meet the Inspector-in-Charge of Howrah Police Station once in a week, until further orders. Signed By : TANMOY GHOSH High Court of Calcutta 9 th of January 2025 12:05:37 PM 3 6. 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. 7. The application for bail being CRM (DB) 3218 of 2024 is accordingly disposed of. 8. 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 9 th of January 2025 12:05:37 PM