17.01.2025 Item no. 31. Court No.29. AB (Allowed) CRM (DB) 3292 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Basanti Police Station Case No.754 of 2017 Dated 29.09.2017 under Sections 447/326/307/302/34 of the Indian Penal Code read with Sections 25(1)(a)/27 of the Arms Act And In the matter of : Bhola Safui @ Bholanath Sanfui ……Petitioner. Mr. Ayan Basu, Sk. Salim, Mr. Sumit Routh ……for the Petitioner. Mr. Debasish Roy, ld. PP Mr. Arijit Ganguly, Mr. Koushik Kundu ……for the State. Dictated by Arijit Banerjee, J. 1. Report filed by the State, be kept with the records. 2. From the report we do not find that the delay in the progress of the trial can be attributed to the petitioner to any extent. 3. The petitioner is in custody for more than seven years. Only 10 out of 29 charge sheet named witnesses have been examined. There is no possibility of an early conclusion of the trial. 4. However strong the prosecution case may be, the same cannot be a justification for indefinite incarceration of Signed By : APURBA BANDYOPADHYAY High Court of Calcutta 17 th of January 2025 05:47:14 PM 2 an under-trial without the trial being taken to its logical conclusion within a reasonable period of time. 5. 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. 6. Accordingly, we direct that the petitioner, namely BHOLA SAFUI @ BHOLANATH SANFUI shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore, and on further conditions that he shall not enter the jurisdiction of Basanti Police Station except for attending the court proceedings and shall provide the address where he shall presently reside to the Officer in Charge of the Basanti Police Station and shall meet the Officer in Charge of the concerned police station within whose jurisdiction he shall presently reside once in a fortnight until further orders. 7. 7. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 8. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, 3 the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court. 9. The application for bail is, accordingly, allowed. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)