Extracted from the PDF above. The PDF is authoritative.
2. 14-01-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 4114 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Girish Park Police Station Case No.19 of 2019 dated 14-02-2019 under Sections 364A/120B of the Indian Penal Code and Sections 25(1B)(A)/27 of the Arms Act. - A n d - In the matter of : Karan Kumar .... Petitioner. Mr. Satadru Lahiri, Mr. Sourav Paul, Mr. Samrat Biswas … For the Petitioner. Mr. Md. Adil Badr, Ms. Sonali Bhar … For the State. Dictated by Arijit Banerjee, J.
1. The petitioner renews his prayer for bail which was last rejected in July, 2023. He says that he is in custody for about six years. Only 1 out of 38 charge sheet named witnesses has been examined. On the touchstone of Article 21 of the Constitution of India, he renews his prayer for bail. 2. Status report filed on behalf of the State is taken on record. The report is completely useless. It does not mention how many witnesses the prosecution proposes to examine. Therefore, we take it, that all 38 charge sheet named witnesses are intended to be examined. Hence, we see no likelihood of early conclusion of the trial. The petitioner is in custody for a very long period of time. 3. Without touching the merits of the case and solely to prevent infringement of the petitioner’s fundamental right to Signed By :
DEBAJYOTI DAS High Court of Calcutta 15 th of January 2025 11:39:44 AM
2 personal liberty and speedy trial as enshrined in Article 21 of the Constitution of India, we feel constrained to allow the petitioner’s prayer for bail. 4. Accordingly, we direct that the petitioner, namely, Karan Kumar, 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, Calcutta. The petitioner shall appear before the learned 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.
The petitioner shall remain within the jurisdiction of Girish Park Police Station except for the purpose of attending the court proceedings and shall appear before the Officer-in-Charge/Inspector-in-Charge of the said police station once in every week, until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 8. 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 15 th of January 2025 11:39:44 AM