45. 17-01-2025 CRM (DB) 3360 of 2024 (ct. no.29) S. De (Allowed) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Nakashipara Police Station Case No. 373 of 2022 dated 17.05.2022 under Sections 341/394/399 of the Indian Penal Code and Section 25/27 of the Arms Act. And In the matter of : Motaleb Sk @ Abdul Motaleb Sk. ……Petitioner. Mr. Soubhik Mitter, Mr. Snehansu Majumder, ……for the Petitioner. Ms. Sukanya Bhattacharyya Mr. Santanu Deb Roy, ……for the State. Dictated by Apurba Sinha Ray, J. 1. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is languishing in judicial custody for 2 years and 5 months. The vital witnesses, namely, the de facto complainant and the injured son of the de facto complainant are evading the Court and for which the Hon’ble co-ordinate Bench, by its order dated November 7, 2024, directed the Officer-in-Charge, Nakashipara Police Station to produce those witnesses on the date fixed and the Hon’ble co-ordinate Bench also directed the Judge-in-Charge to record the depositions of those witnesses, namely, the de facto complainant and his son being the injured victim. But it appears that nothing has happened and their evidences are not recorded as they did not present themselves before the learned Trial Court. 9 Signed By : SANDIP DE High Court of Calcutta 20 th of January 2025 02:36:15 PM 2 witnesses have already been examined and there is no incriminating material against the present petitioner. Considering his period of detention as well as the stage of the trial, he may be granted bail on any condition. 2. Learned counsel for the State opposes the prayer for bail. However, she submits that at present the Trial Court is vacant since the Presiding Officer has been transferred. She further submits that the prosecution will try to complete the evidence of the other witnesses as soon as the Presiding Officer joins the Trial Court. 3. We have considered the materials-on-record. We find that in spite of direction, the de facto complainant and his injured son did not appear to record their depositions for the reasons best known to them. However, considering the depositions of the witnesses already recorded and also considering that the petitioner is in custody for about 2 years and 5 months, we are inclined to allow the prayer for bail on certain conditions. 4. Accordingly, we direct that the petitioner, namely, Motaleb Sk @ Abdul Motaleb Sk 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, Krishnagar, Nadia subject to the condition that the petitioner shall not enter the jurisdiction of Nakashipara Police Station except for the purpose of attending Court proceedings and shall also furnish the address to the Officer-in-Charge under whose Signed By : SANDIP DE High Court of Calcutta 20 th of January 2025 02:36:15 PM 3 jurisdiction he will be residing and shall also appear before such Officer-in-Charge/Inspector-in-Charge once in a week until further orders. 5. 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 in any manner whatsoever. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 7. The application for bail is, accordingly, allowed. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By : SANDIP DE High Court of Calcutta 20 th of January 2025 02:36:15 PM