40. 24-02-2025 CRM (DB) 143 of 2025 (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 Paikar Police Station Case No. 213 of 2020 dated 15.12.2020 under Sections 363/302/201/120B and 34 of the Indian Penal Code. And In the matter of : Belal Shaikh & Anr. ……Petitioners. Mr. Rajendra Banerjee, Mr. Souvik Gangully, ……for the Petitioners. Mr. Debasish Roy, Ld. P.P., Mr. Arijit Gangully, Mr. Koushik Kundu, ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioners renew their prayer for bail which was last rejected on December 18, 2023, by a co-ordinate Bench in CRM(DB) 4239 of 2023. While rejecting their prayer, the co- ordinate Bench had directed the learned Trial Court to expedite the trial and conclude the same on an early date. 2. The petitioners complain that the trial has still not concluded. They are now in custody for about 4 years and 3 months. They renew their prayer for bail on the ground of delay in progress of trial and prolonged detention in judicial custody. 3. The State files a report. Let the same be kept with the records. 4. Learned State counsel says that all the prosecution witnesses have been examined. Only the Investigating Officer of the case is yet to be cross-examined by the defence. On the last 2 occasion, the cross-examination of the Investigation Officer was deferred at the instance of the defence. The trial is on the verge of conclusion. Bail should not be granted to the petitioners. 5. We have considered the facts and circumstances of the case. There is no eye-witness to the alleged murder. The entire case is based on circumstantial evidence. Further, the petitioners are in custody for 4 years and 3 months. Only 1 witness has been examined after rejection of the petitioners’ prayer for bail on December 18, 2023. 6. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to allow the petitioners’ prayer for bail. 7. Accordingly, we direct that the petitioners, namely, Belal Shaikh and Rahul Shaikh shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, Rampurhat, Birbhum subject to the condition that they 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 and on further condition that the petitioners, while on bail, shall remain within the jurisdiction of the Rampurhat Police Station and shall meet the Inspector-in-Charge of the Rampurhat police station once in a week until further orders. 3 8. In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners’ 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. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)