14.02.2025 Item No.42 Court No.26 Allowed CHC CRM (DB) 3759 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nakashipara Police Station Case No. 317 of 2024 dated 04.04.2024 under Sections 147/148/149/326/307/302 of the Indian Penal Code, 1860. -And- In the matter of : Maslem Sk @ Dulai Sk … … Petitioner Mr. Dipanjan Chatterjee, Advocate Mr. Debraj Shil, Advocate Ms. Rimpa Adhikari, Advocate Ms. Kakan Das, Advocate … … For the Petitioner Mr. Madhusudan Sur, Ld. A.P.P. Ms. Baishakhi Chatterjee, Advocate … …For the State 1. Petitioner prays for bail on the ground of parity with the other co-accused who was enlarged on bail by the coordinate Bench on January 29, 2025, passed in CRM(DB) 3358 of 2024. 2. Learned advocate appearing for the State submits that, the petitioner before us does not stand on the same footing as that of the other co-accused. He draws the attention of the Court to the materials in the Case Diary. He submits that, charges are yet to be framed. 3. Police concluded investigation and submitted a charge-sheet with the jurisdictional Court. Charges are yet to be framed. 4. Coordinate Bench granted bail to the co-accused who appears to be standing on the same footing as that of the petitioner before us. Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 14 th of February 2025 06:29:47 PM 2 5. In such circumstances, on the ground of parity, we are inclined to grant bail to the petitioner. 6. Accordingly, we direct that the petitioner, namely, Maslem Sk @ Dulai Sk, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two registered sureties of like amount each, to the satisfaction of the Learned Chief Judicial Magistrate, Nadia subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter the jurisdiction of the Nakashipara Police Station except for the purpose of attending court proceedings and shall meet the jurisdictional I.C. of the concerned Police Station where he will reside once in every week until further orders. 7. 7. 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. 8. The prayer for bail of the petitioner is allowed. 9. CRM(DB) 3759 of 2024 is disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 14 th of February 2025 06:29:47 PM