23. 11-02-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 3420 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Karaya Police Station Case No.490 of 2019 dated 30-10-2019 under Sections 302/394/34 of the Indian Penal Code - A n d – In the matter of : Md. Ismail @ Guddu .... Petitioner. Mr. Md. Sabir Ahmed, Mr. Tasnim Ahamed, Mr. Dhiman Banerjee, Mr. Ezaz Ahmed … For the Petitioner. Ms. Amita Gaur, Sr. Govt. Adv., Ms. Jonaki Saha … For the State. Dictated by Arijit Banerjee, J. 1. The petitioner is in custody for almost 5 years 3 months. Only 19 out of 43 charge sheet named witnesses have been examined. 2. The State has filed a report today wherefrom it appears that the prosecution intends to examine 12 more witnesses. Although the report says that the examination of the prosecution witnesses should be completed within six months subject to accommodation of the learned trial Court, Signed By : DEBAJYOTI DAS High Court of Calcutta 12 th of February 2025 06:43:19 PM 2 given the pace at which the trial has proceeded so far, we are not very hopeful on that count. 3. We further see that the case is based on circumstantial evidence. There is no eyewitness to the alleged incident of murder. 4. Considering the very long period of incarceration of the petitioner coupled with very little possibility of an early conclusion of the trial, keeping in mind the importance of a citizen’s fundamental right to personal liberty and speedy trial, without touching the merits of the case, solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to enlarge the petitioner on bail, but on stringent conditions. 5. Accordingly, we direct that the petitioner, namely, Md. Ismail @ Guddu, 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, Alipore. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not also commit any cognizable offence in any manner whatsoever. The petitioner shall not enter the jurisdiction of Karaya Police Station except for the purpose of attending the court proceedings and shall appear before the Officer-in- Charge/Inspector-in-Charge of the jurisdictional police station where he shall be residing while on bail, once in a week, until further orders. The petitioner shall, through his learned advocate, communicate his current local address to the learned trial Court, Karaya Police Station and the jurisdictional police station where he shall be residing while on bail. Signed By : DEBAJYOTI DAS High Court of Calcutta 12 th of February 2025 06:43:19 PM 3 6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 7. The application for bail is, thus, allowed. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 9. 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 12 th of February 2025 06:43:19 PM